BLAW 150 Lecture Notes - Lecture 11: Equitable Remedy, Specific Performance
Document Summary
Tender of performance performance may also take the form of tendering performance. A party is discharged of its duty to perform if the other party renders performance impossible. It becomes necessary for one party to demonstrate that it was willing and able to perform a contract in order to show that the other party was in breach. For example, one party may have a contract to make repairs to a house, but the other party denies access to the premises when the person arrives to do the work. In this case, the repairer has tendered performance, which may be used as evidence when he sues the defaulting party. When a person tenders performance, she should have the tender acknowledged or least witnessed by a third party who can testify to the person"s willingness to complete her contractual obligations. Tendering performance can be of vital importance in contracts concerning land if a party seeks the equitable remedy of specific performance.
