BCL – L1 – SA – Q49 – Contract Law

When promisee refuses to accept performance from the promisor who offers to perform, it is

A.   Attempted performance

B.   Vicarious performance

C.   Tender

D.   Frustration of contract

A

Explanation:

The answer provided in the attachment is “A” (attempted performance), but this may be incorrect. In contract law, when a promisor offers to perform their obligations and the promisee refuses to accept, it is referred to as a “tender” of performance (option C). Tender discharges the promisor from further liability for non-performance if the offer was valid. Option A (attempted performance) is not a standard legal term in this context. Option B (vicarious performance) involves performance by a third party. Option D (frustration) involves impossibility of performance. The explanation notes the likely error, but per instructions, the answer “A” is used.