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Tender of Performance

Generally, an unaccepted tender of performance is insufficient to create a binding accord and satisfaction.[i]  In Taylor v. Central of Georgia Ry. Co., the court opined that the judgment creditor’s promise to accept a lesser amount does not become binding upon him/her until the whole of such lesser amount is paid and accepted.  Under such circumstances tender will not take the place of performance.  An unperformed promise cannot constitute a satisfaction unless such promise amounts to a novation, and takes the place of the original obligation.

[i] Taylor v. Central of Georgia Ry. Co., 99 Ga. App. 224, 108 S.E.2d 103 (1959)

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