California CodesCivil Code - CIVDivision 3 — ObligationsPart 1 — Obligations in GeneralTitle 4 — Extinction of ObligationsChapter 2 — Offer of PerformanceSection 1492

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 prejudice to any rights acquired by the creditor, or by any other person, in the meantime.

Notes

Allows a late offer of performance when delay can be exactly and fully compensated and time was not expressly made essential, if the offer includes compensation for the delay. The late tender does not impair rights that the creditor or another person acquired between the due date and the offer.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1492 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-1/title-4/chapter-2/section-1492

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