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Discharge – Performance

A contract is discharged by performance of the terms of the agreement.

An offer to perform is a tender.  If a person offers to perform the contract pursuant to its terms and the other party refuses to allow performance, the contract is discharged. A tender of payment is an offer to pay the amount due when it is due–for example, on a note. The tender must be legal tender–for example, by cash, a check (if allowed), or a bank wire.


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