Contracts. One party’s reasonable assurance to the other, through words or conduct, of a present ability to fulfill contractual obligations.
• When performances are to be exchanged simultaneously, each party is entitled to refuse to proceed with the exchange until the other party makes an appropriate offer of performance. Cf. TENDER(1). [Cases: Contracts 279; Sales 153, 185. C.J.S. Contracts § 548; Sales §§ 161–162, 164, 182.]
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