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HomeCivil CodeDiv. 3Pt. 1Ch. 2§ 1491 Performance Timing And Demand

§ 1491 Performance Timing And Demand

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1491 Performance Timing And Demand

If a duty doesn't have a set deadline, you can still offer to fulfill it anytime before the other person says no after a reasonable request.

Key Takeaways

  • •No deadline? You can still offer to perform.
  • •The other party must make a reasonable demand before you can offer.
  • •You must offer performance before they officially refuse.

Example

Your neighbor asks you to fix a fence but never gave a due date. After you ask for payment, they say they won't accept it. You can still offer to fix the fence before they officially refuse.

Because there's no fixed time to fix the fence, you can still offer to do it at any point before your neighbor says they won't accept your offer after you made a reasonable request for payment.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1491 Performance Timing And Demand

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.)

Last verified: January 9, 2026

Key Terms

obligationtime for its performanceoffer of performancereasonable demandrefused to perform

Related Statutes

  • § 1490 Timely Obligation Performance
  • § 1485 Obligation Extinguished By Offer
  • § 1487 Debtor'S Performance Offer Rules
  • § 1489 Debtor Performance Offer Locations
  • § 1492 Late Performance Compensation Offer

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1491.
View Official Source