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[Cites 0, Cited by 5] [Section 38] [Entire Act]

Union of India - Subsection

Section 38(3) in The Indian Contract Act, 1872

(3)if the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound by his promise to deliver.An offer to one of several joint promisees has the same legal consequences as an offer to all of them.IllustrationA contracts to deliver to B at his warehouse, on the 1st March, 1873, 100 hales of cotton of a particular quality. In order to make an offer of performance with the effect stated in this section. A must bring the cotton to B's warehouse, on the appointed day, under such circumstances that B may have a reasonable opportunity of satisfying himself that the thing offered is cotton of the quality contracted for, and that there are 100 bales.