California Codes, Civil Code - CIV, Division 3 — Obligations, Part 1 — Obligations in General, Title 2 — Interpretation of Obligations, Chapter 3 — Conditional Obligations, Section 1440

If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his part in favor of the former party.

Notes

Allows a party to enforce an obligation without first performing or offering to perform conditions owed to a counterparty who, before default, gives notice that the counterparty will not perform and fails to retract that notice before performance is due. The enforcement right depends on the unretracted advance refusal.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1440 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-1/title-2/chapter-3/section-1440

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.