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Civil Code - CIV - CIV § 1502

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1502

The title to a thing duly offered in performance of an obligation passes to the creditor, if the debtor at the time signifies his intention to that effect.

Civil Code - CIV - CIV § 1503

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1503

The person offering a thing, other than money, by way of performance, must, if he means to treat it as belonging to the creditor, retain it as a depositary for hire, until the creditor accepts it, or until he has given reasonable notice to the creditor that he will retain it no l

Civil Code - CIV - CIV § 1504

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1504

An offer of payment or other performance, duly made, though the title to the thing offered be not transferred to the creditor, stops the running of interest on the obligation, and has the same effect upon all its incidents as a performance thereof.

Civil Code - CIV - CIV § 1505

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1505

If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it without demand; but if he retains it, he is a gratuitous depositary thereof.

Civil Code - CIV - CIV § 1511

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1511

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

Civil Code - CIV - CIV § 1514

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1514

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 c

Civil Code - CIV - CIV § 1515

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1515

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.

Civil Code - CIV - CIV § 1522

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1522

Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is fully executed.

Civil Code - CIV - CIV § 1523

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1523

Acceptance, by the creditor, of the consideration of an accord extinguishes the obligation, and is called satisfaction.

Civil Code - CIV - CIV § 1525

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1525

It is the public policy of this State, in the best interests of the taxpayer and of the litigant, to encourage fair dealing and to promote justice by reducing litigated matters to the lowest level of jurisdiction. In case of a dispute over total money due on a contract and it is

Civil Code - CIV - CIV § 1526

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1526

(a) Where a claim is disputed or unliquidated and a check or draft is tendered by the debtor in settlement thereof in full discharge of the claim, and the words “payment in full” or other words of similar meaning are notated on the check or draft, the acceptance of the check or d

Civil Code - CIV - CIV § 1530

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1530

Novation is the substitution of a new obligation for an existing one.

Civil Code - CIV - CIV § 1531

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1531

Novation is made: 1. By the substitution of a new obligation between the same parties, with intent to extinguish the old obligation; 2. By the substitution of a new debtor in place of the old one, with intent to release the latter; or, 3. By the substitution of a new creditor in

Civil Code - CIV - CIV § 1532

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1532

Novation is made by contract, and is subject to all the rules concerning contracts in general.

Civil Code - CIV - CIV § 1541

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1541

An obligation is extinguished by a release therefrom given to the debtor or the released party by the creditor or releasing party, upon a new consideration, or in writing, with or without new consideration.

Civil Code - CIV - CIV § 1542

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1542

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or re

Civil Code - CIV - CIV § 1542.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1542.1

Notwithstanding Section 1542, a provider of health care, as defined in Section 56.05, or its officers, employees, agents, or subcontractors, shall release the state and its officers, employees, and agents, from any claim arising from the defense of the provider of health care by

Civil Code - CIV - CIV § 1543

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1543

A release of one of two or more joint debtors does not extinguish the obligations of any of the others, unless they are mere guarantors; nor does it affect their right to contribution from him or her, except as provided in Section 877 of the Code of Civil Procedure.

Civil Code - CIV - CIV § 1549

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1549

A contract is an agreement to do or not to do a certain thing.

Civil Code - CIV - CIV § 1550

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1550

It is essential to the existence of a contract that there should be: 1. Parties capable of contracting; 2. Their consent; 3. A lawful object; and, 4. A sufficient cause or consideration.

Civil Code - CIV - CIV § 1550.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1550.5

(a) The Legislature finds and declares all of the following: (1) The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorized the use of marijuana for medical purposes in this s

Civil Code - CIV - CIV § 1556

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1556

All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights.

Civil Code - CIV - CIV § 1557

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1557

(a) The capacity of a minor to contract is governed by Division 11 (commencing with Section 6500) of the Family Code. (b) The capacity of a person of unsound mind to contract is governed by Part 1 (commencing with Section 38) of Division 1.

Civil Code - CIV - CIV § 1558

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1558

It is essential to the validity of a contract, not only that the parties should exist, but that it should be possible to identify them.

Civil Code - CIV - CIV § 1559

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1559

A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.