2007 California Civil Code Chapter 3. Prevention Of Performance Or Offer

CA Codes (civ:1511-1515)

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 the operation of law, even though there
may have been a stipulation that this shall not be an excuse;
however, the parties may expressly require in a contract that the
party relying on the provisions of this paragraph give written notice
to the other party or parties, within a reasonable time after the
occurrence of the event excusing performance, of an intention to
claim an extension of time or of an intention to bring suit or of any
other similar or related intent, provided the requirement of such
notice is reasonable and just;
   2. When it is prevented or delayed by an irresistible, superhuman
cause, or by the act of public enemies of this state or of the United
States, unless the parties have expressly agreed to the contrary;
or,
   3. When the debtor is induced not to make it, by any act of the
creditor intended or naturally tending to have that effect, done at
or before the time at which such performance or offer may be made,
and not rescinded before that time.


(1512.) Section Fifteen Hundred and Twelve.  If the performance of
an obligation be prevented by the creditor, the debtor is entitled to
all the benefits which he would have obtained if it had been
performed by both parties.


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 creditor receives from the actual performance.




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.