“The requirement of an offer of performance is to be applied in the light of what is reasonably to be expected by the parties in view of the practical difficulties of absolute simultaneity and is subject to the agreement of the parties, as supplemented or qualified by usage and course of dealing.” Restatement (Second) of Contracts § 238 cmt. b (1979).
offer of performance
offer of performance. 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.]
