Title CIV, California Civ. Code

Several Liability for Non-economic Damages (a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant …

Nothing contained in this measure is intended, in any way, to alter the law of immunity. (Added June 3, 1986, by initiative Proposition 51, Sec. 5. Note: In the text, "this measure" refers to Prop. 51 (the Fair Responsibility Act of 1986), which includes Sections 1431.1 to 1431.5…

Amendment or Repeal of Measure. This measure may be amended or repealed by either of the procedures set forth in this section. If any portion of subsection (a) is declared invalid, then subsection (b) shall be the exclusive means of amending or repealing this measure. (a) This me…

Severability. If any provision of this measure, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this measure to the extent it can be given effect, or the application of such provision to persons or circumstances oth…

Except as provided in Section 877 of the Code of Civil Procedure, a party to a joint, or joint and several obligation, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him. (Amended by Stats. 198…

An obligation is extinguished by an offer of performance, made in conformity to the rules herein prescribed, and with intent to extinguish the obligation. (Enacted 1872.)

An offer of partial performance is of no effect. (Enacted 1872.)

An offer of performance must be made by the debtor, or by some person on his behalf and with his assent. (Enacted 1872.)

In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor: 1. At any place appointed by the creditor; or, 2. Wherever the person to whom the offer ought to be made can be found; or, 3. If such person cannot, with reas…

Where an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before nor afterwards. (Enacted 1872.)

Where an obligation does not fix the time for its performance, an offer of performance may be made at any time before the debtor, upon a reasonable demand, has refused to perform. (Enacted 1872.)

Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance, accompanied with an offer of such compensation, may be made at any time after it is due, but without p…

An offer of performance must be made in good faith, and in such manner as is most likely, under the circumstances, to benefit the creditor. (Enacted 1872.)

An offer of performance must be free from any conditions which the creditor is not bound, on his part, to perform. (Enacted 1872.)

An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer. (Enacted 1872.)

The thing to be delivered, if any, need not in any case be actually produced, upon an offer of performance, unless the offer is accepted. (Enacted 1872.)

A thing, when offered by way of performance, must not be mixed with other things from which it cannot be separated immediately and without difficulty. (Enacted 1872.)

When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer to depend upon the due performance of such condition. (Enacted 1872.)

A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation. (Enacted 1872.)

An obligation for the payment of money is extinguished by a due offer of payment, if the amount is immediately deposited in the name of the creditor, with some bank or savings and loan association within this state, of good repute, and notice thereof is given to the creditor. (Am…

All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could be then obviated by him, are waived by the creditor, if not then stated. (Enacted 1872.)

The title to a thing duly offered in performance of an obligation passes to the creditor, if the debtor at the time signifies his intention to that effect. (Enacted 1872.)

The person offering a thing, other than money, by way of performance, must, if he means to treat it as belonging to the creditor, retain it as a depositary for hire, until the creditor accepts it, or until he has given reasonable notice to the creditor that he will retain it no l…

An offer of payment or other performance, duly made, though the title to the thing offered be not transferred to the creditor, stops the running of interest on the obligation, and has the same effect upon all its incidents as a performance thereof. (Enacted 1872.)

If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it without demand; but if he retains it, he is a gratuitous depositary thereof. (Enacted 1872.)

All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights. (Enacted 1872.)

(a) The capacity of a minor to contract is governed by Division 11 (commencing with Section 6500) of the Family Code. (b) The capacity of a person of unsound mind to contract is governed by Part 1 (commencing with Section 38) of Division 1. (Repealed and added by Stats. 1992, Ch.…

It is essential to the validity of a contract, not only that the parties should exist, but that it should be possible to identify them. (Enacted 1872.)

A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it. (Enacted 1872.)

(a) As used in this section, “residential property” means real property primarily consisting of a dwelling that meets both of the following requirements: (1) The dwelling contains not more than four residential units. (2) At the time the contract to purchase and sell the property…

Except as provided in Section 1675, a provision in a contract to purchase and sell real property liquidating the damages to the seller if the buyer fails to complete the purchase of the property is valid if it satisfies the requirements of Section 1677 and the requirements of sub…

A provision in a contract to purchase and sell real property liquidating the damages to the seller if the buyer fails to complete the purchase of the property is invalid unless: (a) The provision is separately signed or initialed by each party to the contract; and (b) If the prov…

If more than one payment made by the buyer is to constitute liquidated damages under Section 1675, the amount of any payment after the first payment is valid as liquidated damages only if (1) the total of all such payments satisfies the requirements of Section 1675 and (2) a sepa…

This chapter applies only to a provision for liquidated damages to the seller if the buyer fails to complete the purchase of real property. The validity of any other provision for liquidated damages in a contract to purchase and sell real property shall be determined under Sectio…

Nothing in this chapter affects any right a party to a contract for the purchase and sale of real property may have to obtain specific performance. (Added by Stats. 1977, Ch. 198.)

This chapter does not apply to real property sales contracts as defined in Section 2985. (Added by Stats. 1977, Ch. 198.)

A contract is extinguished by its rescission. (Enacted 1872.)

(a) A contract may be rescinded if all the parties thereto consent. (b) A party to a contract may rescind the contract in the following cases: (1) If the consent of the party rescinding, or of any party jointly contracting with him, was given by mistake, or obtained through dures…

(a) Except as provided in Sections 1689.6 to 1689.11, inclusive, within 10 days after a home solicitation contract or offer has been canceled, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. (b) If the downpayment…

(a) Except as provided in subdivision (c) of Section 1689.10, within 20 days after a home solicitation contract or offer has been canceled, the buyer, upon demand, must tender to the seller any goods delivered by the seller pursuant to the sale or offer, but he is not obligated t…

Any waiver or confession of judgment of the provisions of Sections 1689.5 to 1689.11, inclusive, shall be deemed contrary to public policy and shall be void and unenforceable. (Amended by Stats. 1973, Ch. 554.)

Sections 1689.5, 1689.6, 1689.7, 1689.10, 1689.12, and 1689.14 do not apply to a contract that meets all of the following requirements: (a) The contract is initiated by the buyer or the buyer’s agent or insurance representative. (b) The contract is executed in connection with mak…

(a) Any home solicitation contract or offer for the repair or restoration of residential premises signed by the buyer on or after the date on which a disaster causes damage to the residential premises, but not later than midnight of the seventh business day after this date, shall…

Notwithstanding any other provision of law, a contractor who is duly licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may commence work on a service and repair project as soon as the buyer receives a signed and dated…

A participant in an endless chain scheme, as defined in Section 327 of the Penal Code, may rescind the contract upon which the scheme is based, and may recover all consideration paid pursuant to the scheme, less any amounts paid or consideration provided to the participant pursua…

(a) (1) In addition to any other right to revoke an offer, the buyer has the right to cancel a seminar sales solicitation contract or offer until midnight of the third business day, or until midnight of the fifth business day if the buyer is a senior citizen, after the day on whi…