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#contract #discharge #law
In an action for breach of contract, it is a good defence for the defendant to show that he tendered performance. In order for a plea of tender to be successful, the promisor must show that he unconditionally offered to perform his obligations in accordance with the terms of the contract, but that the promisee refused to accept such performance. For instance, if the seller delivered goods but the purchaser refused to accept delivery, the seller would be relieved of liability for breach. In relation to payment of a debt, a plea of tender does not discharge the debt. However, it would prevent the creditor from claiming interest or damages on that debt subsequent to the tender of performance.
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