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Ques 2: What are the essential features of a tender?

Ans. As tender would amount to complete performance, if the offer were carried out, the
requisites of a valid tender are indicated by the requisites of valid performance. There must
be an un-conditional offer to perform, coupled with a manifested ability to carry out the
offer, and a production of the subject-matter of the tender;66 the amount tendered must
not be less than what is due; and if greater, there must be no demand for a return of the
excess.68 The medium of payment must be that which the contract specifies or in the
absence of contractual definition that which the law has made legal tender;69 the time
must be that fixed by the contract or by law;70 it must not be before maturity; and the hour
of the day must be reasonable. But at the present time in case of a liquidated debt a valid
tender may be made subsequent to the day of maturity by adding legal interest to the
amount of the debt.

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