Title 28, Title 28

Whenever by the terms of an obligation a party to the obligation incurs a forfeiture or a loss in the nature of a forfeiture by reason of the party's failure to comply with its provisions, the party may be relieved from the obligation upon making full compensation to the other pa…

Full performance of an obligation by the party whose duty it is to perform it or by any other person on that party's behalf and with that party's assent, if accepted by the creditor, extinguishes it.

Performance of an obligation by one of several persons who are jointly liable under it extinguishes the liability of all.

An obligation in favor of several persons is extinguished by performance rendered to any of them, except in the case of a deposit made by owners in common or in joint ownership, which is regulated by Title 70, chapter 6.

If a creditor or any one of two or more joint creditors at any time directs the debtor to perform the debtor's obligations in a particular manner, the obligation is extinguished by performance in that manner even though the creditor does not receive the benefit of the performance…

Partial performance of an indivisible obligation extinguishes a corresponding proportion of the obligation if the benefit of the performance is voluntarily retained by the creditor, but not otherwise. If the partial performance is of such a nature that the creditor cannot avoid r…

Whenever a debtor under several obligations to another does an act by way of performance, in whole or in part, that is equally applicable to two or more of the obligations, the performance must be applied as follows: (1) If, at the time of performance, the intention or desire of …

Whoever pays money or delivers an instrument or property is entitled to a written receipt therefor from the person to whom the payment or delivery is made and may demand a proper signature to such receipt as a condition of the payment or delivery.

The person to whom a tender is made shall at the time specify any objection the person may have to the money, instrument, or property or the person must be considered to have waived the objection. If the objections are to the amount of money, the terms of the instrument, or the a…

If anything is given to a creditor by way of performance that the creditor refuses to accept as performance, the creditor is not bound to return it without demand but, if the creditor retains it, the creditor is a gratuitous depositary of the thing.

An obligation is extinguished by an offer of performance made in conformity to the rules prescribed in this part and with intent to extinguish the obligation.

(1) An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument, or property. (2) An offer of payment or other performance duly m…

An offer of partial performance is of no effect.

An offer of performance must be made by the debtor or by some person on the debtor's behalf and with the debtor's assent.

An offer of performance must be made to the creditor, to any one or more joint creditors, or to a person authorized by one or more of them to receive or collect what is due under the obligation.

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; (2) wherever the person to whom the offer ought to be made can be found; (3) if the person cannot, with reasonable…

(1) 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 or afterwards. (2) Where an obligation does not fix the time for its performance, an offer of performance may be made at any time b…

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 prej…

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.

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

(1) An offer of performance must be free from any conditions that the creditor is not bound to perform. (2) When a debtor is entitled to the performance of a condition precedent to or concurrent with performance on the debtor's part, the debtor may make the offer depend upon the …

All objections to the mode of an offer of performance that the creditor has an opportunity to state at the time to the person making the offer and that could then be made unnecessary by the person are waived by the creditor if not then stated. If the objection is to the amount of…

The title to a thing duly offered in performance of an obligation passes to the creditor if the debtor at the time signifies the debtor's intention to that effect.

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.

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.

The person offering a thing other than money by way of performance shall, if the person means to treat it as belonging to the creditor, retain it as a depositary for hire until the creditor accepts it or until the person has given reasonable notice to the creditor that the person…

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 of deposit within this state of good repute and notice thereof is given to the creditor.

The want of performance of an obligation or of an offer of performance, in whole or in part, or any delay therein is excused by the following causes, to the extent to which they operate: (1) when such performance or offer is prevented or delayed by the act of the creditor or by t…

If the performance of an obligation is prevented by the creditor, the debtor is entitled to all the benefits that the debtor would have obtained if the obligation had been performed by both parties.

If full performance of an obligation is prevented by any cause excusing performance other than the act of the creditor, the debtor is entitled to a ratable proportion of the consideration to which the debtor would have been entitled upon full performance, according to the benefit…

A refusal by a creditor to accept performance, made before an offer of performance, is equivalent to an offer and refusal unless, before performance is actually due, the creditor gives notice to the debtor of the creditor's willingness to accept performance.

An accord is an agreement to accept in extinction of an obligation something different from or less than that to which the person agreeing to accept is entitled. Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is fully e…

Acceptance by the creditor of the consideration of an accord extinguishes the obligation and is called satisfaction.

Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing in satisfaction or rendered in pursuance of an agreement in writing for that purpose, though without any new consideration, extinguishes the obligation.

"Novation" is the substitution of a new obligation for an existing one.

Novation is made by the substitution of: (1) a new obligation between the same parties with intent to extinguish the old obligation; (2) a new debtor in place of the old one with intent to release the latter; or (3) a new creditor in place of the old one with intent to transfer t…

Novation is made by contract and is subject to all the rules concerning contracts in general.

When the obligation of a third person or an order upon the third person is accepted in satisfaction, the creditor may rescind the acceptance if: (1) the debtor prevents the third person from complying with the order or from fulfilling the obligation; (2) at the time the obligatio…

An obligation is extinguished by a release therefrom given to the debtor by the creditor upon a new consideration or in writing, with or without new consideration.

A general release does not extend to claims that the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which, if known by the creditor, must have materially affected the creditor's settlement with the debtor.

A release of one of two or more joint debtors does not extinguish the obligation of any of the others unless they are mere guarantors, nor does it affect their rights to contribution from the released debtor.

Every person is bound, without contract, to abstain from injuring the person or property of another or infringing upon any of another person's rights.

A person who officiously and without the consent of the real or apparent owner of a thing takes it into the person's possession for the purpose of rendering service about it must complete the service and use ordinary care, diligence, and reasonable skill about the service. The pe…

An obligation arising from operation of law may be enforced by civil action or proceeding or in the manner provided by law.

The conduct required by the implied covenant of good faith and fair dealing is honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.