A tender properly made may be equivalent to performance. The tender must be certain and unconditional, except for a receipt in full or delivery of the obligation, and may be made by an agent and to an agent authorized to receive. The tender must be in full payment of the specific debt, and not in part, and may be made at any time before trial. If tender is rejected on grounds unrelated to informality, informality cannot afterward be raised in objection to the tender.
History. Orig. Code 1863, § 2815; Code 1868, § 2823; Code 1873, § 2874; Code 1882, § 2874; Civil Code 1895, § 3728; Civil Code 1910, § 4322; Code 1933, § 20-1105.
Law reviews.
For article discussing the historical background of the doctrine of tender and its application in Georgia, see 21 Mercer L. Rev. 413 (1969).
Structure Georgia Code
Chapter 4 - Modification, Extinguishment, and Renewal
§ 13-4-20. Requirements as to Performance of Contractual Obligations Generally
§ 13-4-21. Effect of Act of God
§ 13-4-23. Effect of Nonperformance Caused by Conduct of Other Party
§ 13-4-24. Requirements for and Effect of Tender Generally
§ 13-4-26. Delivery on Demand; Delivery at Certain Time and Place