9.2 Types of Performance and Requisites of Valid Tender

The types: Actual performance: the obligation exactly performed at the time, place and manner — the discharge's perfect form; Attempted performance (tender): the offer of performance refused or not received — the promisor ready-and-willing, the promisee defaulting: the tender's legal effect (the obligation's discharge if the tender valid — the refusal's risk-shift: the debtor freed from the interest-and- risk of the refused thing); The subdivision's map: complete performance (the discharge); partial performance (the substantial-performance doctrine — the divisible-and-indivisible contracts' divide: the almost- complete builder's 99% cases); defective performance (the breach-or-damages question — the non-conforming tender's rejection rights). Requisites of valid tender (the exam's favourite list — the eight): Unconditional — the tender with conditions-and-reservations is no tender; Of the whole obligation — the whole amount, the whole thing (the partial tender's invalidity at the creditor's option); At the proper time — within the stipulated-or-reasonable time (the time's essence respected; the premature tender's refusal-right); At the proper place — the stipulated-or-usual place; To the proper person — the creditor or authorized receiver (the guardian where the creditor incapacitated); With a reasonable opportunity to inspect — the goods' examination chance; The money's exact tender — the legal tender's currency rules; The proof-and-notice discipline — the tender's evidencing (the practice's witnesses-and- records; the refusal's proof). The Nepali practice: the tender's najr tradition —…