In force2023 Revised EditionCurrent version · 2023 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)
Contracts Act · 2023 Revised Edition · Part 5
Contracts Act · 2023 Revised Edition · Part 5
Official textFrom Attorney General's Chambers, unchanged
The performance of any promise may be made in any manner or at any time which the promisee prescribes or sanctions.
Illustrations
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.
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.
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.
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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