Contracts II

Restatement Second of Contracts § 246


Effect of Acceptance as Excusing the Non-Occurrence Of a Condition

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  1. Except as stated in Subsection (2), an obligor's acceptance or his retention for an unreasonable time of the obligee's performance, with knowledge of or reason to know of the non-occurrence of a condition of the obligor's duty, operates as a promise to perform in spite of that non-occurrence, under the rules stated in § 84.
  2. If at the time of its acceptance or retention the obligee's performance involves such attachment to the obligor's property that removal would cause material loss, the obligor's acceptance or retention of that performance operates as a promise to perform in spite of the non-occurrence of the condition, under the rules stated in § 84, only if the obligor with knowledge of or reason to know of the defects manifests assent to the performance.