Question

When the promisor offer to perform his obligations at proper time and place but the promisee does not accept the performance, this is known as ________________.

• A. Attempted performance
• B. Presumptive performance
• C. Actual performance
• D. Advance performance

Answer 1

The correct option is A Attempted performance

• Performance, as an action of the performing may be actual or attempted.
  
• When a promisor to a contract has fulfilled his obligation in accordance with the terms of the contract, the promise is said to have been actually performed. Actual performance gives a discharge to the contract and the liability of the promisor ceases to exist.
  
• When the performance has become due, it is sometimes sufficient if the promisor offers to perform his obligation under the contract. This offer is known as attempted performance or more commonly as tender. Also, under section 38 of the act, where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for non-performance, nor does he thereby lose his rights under the contract.