Contracts Act · s 51

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51.
Performance in manner or at time prescribed or sanctioned by promisee
The performance of any promise may be made in any manner or at any time which the promisee prescribes or sanctions.
Illustrations
(a)
B owes A $2,000. A desires B to pay the amount to A’s account with C, a banker. B who also banks with C, orders the amount to be transferred from his account to A’s credit and this is done by C. Afterwards, and before A knows of the transfer, C fails. There has been a good payment by B.
(b)
A and B are mutually indebted. A and B settle an account by setting off one item against another and B pays A the balance found to be due from him upon such settlement.
This amounts to a payment by A and B respectively, of the sums which they owed to each other.
(c)
A owes B $2,000. B accepts some of A’s goods in reduction of the debt. The delivery of the goods operates as a part payment.
(d)
A desires B, who owes him $100, to send him a note for $100 by post. The debt is discharged as soon as B puts into the post a letter containing the note duly addressed to A.
Performance of reciprocal promises

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s 51Performance in manner or at time prescribed or sanctioned by promisee

The performance of any promise may be made in any manner or at any time which the promisee prescribes or sanctions.

Illustrations

(a)

B owes A $2,000. A desires B to pay the amount to A’s account with C, a banker. B who also banks with C, orders the amount to be transferred from his account to A’s credit and this is done by C. Afterwards, and before A knows of the transfer, C fails. There has been a good payment by B.

(b)

A and B are mutually indebted. A and B settle an account by setting off one item against another and B pays A the balance found to be due from him upon such settlement.

This amounts to a payment by A and B respectively, of the sums which they owed to each other.

(c)

A owes B $2,000. B accepts some of A’s goods in reduction of the debt. The delivery of the goods operates as a part payment.

(d)

A desires B, who owes him $100, to send him a note for $100 by post. The debt is discharged as soon as B puts into the post a letter containing the note duly addressed to A.

Performance of reciprocal promises