Extinction of ObligationsPrevention of Performance Or Offer

Section § 1511

Explanation

This law explains situations where someone is excused from fulfilling a contract or making an offer. You're not at fault if you can't perform because the other party stopped or delayed you, or if the law says you can't. You might need to let the other party know in writing if you plan to claim more time or take legal action. Performance is also excused if a natural disaster or enemy action prevents it, unless you agreed otherwise in the contract. Lastly, if the other party's actions made you think you shouldn't perform, you're excused from performing.

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 the operation of law, even though there may have been a stipulation that this shall not be an excuse; however, the parties may expressly require in a contract that the party relying on the provisions of this paragraph give written notice to the other party or parties, within a reasonable time after the occurrence of the event excusing performance, of an intention to claim an extension of time or of an intention to bring suit or of any other similar or related intent, provided the requirement of such notice is reasonable and just;
2. When it is prevented or delayed by an irresistible, superhuman cause, or by the act of public enemies of this state or of the United States, unless the parties have expressly agreed to the contrary; or,
3. When the debtor is induced not to make it, by any act of the creditor intended or naturally tending to have that effect, done at or before the time at which such performance or offer may be made, and not rescinded before that time.
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Section § 1512

Explanation

If you owe something to someone and they stop you from fulfilling that obligation, you get to enjoy any benefits that would have come your way if you'd been able to finish your part as planned.

 Section Fifteen Hundred and Twelve. If the performance of an obligation be prevented by the creditor, the debtor is entitled to all the benefits which he would have obtained if it had been performed by both parties.
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Section § 1514

Explanation

If something happens beyond the debtor's control that stops them from fulfilling their obligation, they should still receive a fair share of what they were promised, based on how much the creditor benefited from any work they were able to do.

If 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 he would have been entitled upon full performance, according to the benefit which the creditor receives from the actual performance.
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Section § 1515

Explanation

If someone you owe money to (a creditor) says they won't accept payment before you actually try to pay, it's like you offered and they already refused. However, if they let you know before the payment is due that they changed their mind and are willing to accept it, the previous refusal doesn't count.

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