reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1493.

1493. An offer of performance must be made in good faith, and in such manner as is most likely, under the circumstances, to benefit the creditor.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1496.

1496. The thing to be delivered, if any, need not in any case be actually produced, upon an offer of performance, unless the offer is accepted.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1497.

1497. A thing, when offered by way of performance, must not be mixed with other things from which it cannot be separated immediately and without difficulty.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1498.

1498. When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer to depend upon the due performance of such condition.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1500.

1500. An obligation for the payment of money is extinguished by a due offer of payment, if the amount is immediately deposited in the name of the creditor, with some bank or savings and loan association within this state, of good repute, and notice thereof is given to the creditor.
(Amended by Stats. 1981, Ch. 632, Sec. 1. Effective September 23, 1981.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1501.

1501. All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could be then obviated by him, are waived by the creditor, if not then stated.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1502.

1502. The title to a thing duly offered in performance of an obligation passes to the creditor, if the debtor at the time signifies his intention to that effect.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1503.

1503. The person offering a thing, other than money, by way of performance, must, if he means to treat it as belonging to the creditor, retain it as a depositary for hire, until the creditor accepts it, or until he has given reasonable notice to the creditor that he will retain it no longer, and, if with reasonable diligence he can find a suitable depositary therefor, until he has deposited it with such person.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1504.

1504. An offer of payment or other performance, duly made, though the title to the thing offered be not transferred to the creditor, stops the running of interest on the obligation, and has the same effect upon all its incidents as a performance thereof.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1505.

1505. If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it without demand; but if he retains it, he is a gratuitous depositary thereof.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 3 - Prevention of Performance or Offer › Section 1511.

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.
(Amended by Stats. 1965, Ch. 1730.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 3 - Prevention of Performance or Offer › Section [1512.].

[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.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 3 - Prevention of Performance or Offer › Section 1514.

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.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 3 - Prevention of Performance or Offer › Section 1515.

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.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 4 - Accord and Satisfaction › Section [1521.].

[1521.]  Section Fifteen Hundred and Twenty-one. An accord is an agreement to accept, in extinction of an obligation, something different from or less than that to which the person agreeing to accept is entitled.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 4 - Accord and Satisfaction › Section 1522.

1522. Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is fully executed.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 4 - Accord and Satisfaction › Section [1524.].

[1524.]  Section Fifteen Hundred and Twenty-four. Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing, in satisfaction, or rendered in pursuance of an agreement in writing for that purpose, though without any new consideration, extinguishes the obligation.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 4 - Accord and Satisfaction › Section 1525.

1525. It is the public policy of this State, in the best interests of the taxpayer and of the litigant, to encourage fair dealing and to promote justice by reducing litigated matters to the lowest level of jurisdiction.
In case of a dispute over total money due on a contract and it is conceded by the parties that part of the money is due, the debtor may pay, without condition, the amount conceded to be due, leaving to the other party all remedies to which he might otherwise be entitled as to any balance claimed.
If any conditions are attached to the payment, this section shall not be deemed to have limited the remedies available to the other party under other provisions of law on the original amount claimed.
(Added by Stats. 1963, Ch. 1495.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 4 - Accord and Satisfaction › Section 1526.

1526. (a) Where a claim is disputed or unliquidated and a check or draft is tendered by the debtor in settlement thereof in full discharge of the claim, and the words “payment in full” or other words of similar meaning are notated on the check or draft, the acceptance of the check or draft does not constitute an accord and satisfaction if the creditor protests against accepting the tender in full payment by striking out or otherwise deleting that notation or if the acceptance of the check or draft was inadvertent or without knowledge of the notation.
(b) Notwithstanding subdivision (a), the acceptance of a check or draft constitutes an accord and satisfaction if a check or draft is tendered pursuant to a composition or extension agreement between a debtor and its creditors, and pursuant to that composition or extension agreement, all creditors of the same class are accorded similar treatment, and the creditor receives the check or draft with knowledge of the restriction.
A creditor shall be conclusively presumed to have knowledge of the restriction if a creditor either:
(1) Has, previous to the receipt of the check or draft, executed a written consent to the composition or extension agreement.
(2) Has been given, not less than 15 days nor more than 90 days prior to receipt of the check or draft, notice, in writing, that a check or draft will be tendered with a restrictive endorsement and that acceptance and cashing of the check or draft will constitute an accord and satisfaction.
(c) Notwithstanding subdivision (a), the acceptance of a check or draft by a creditor constitutes an accord and satisfaction when the check or draft is issued pursuant to or in conjunction with a release of a claim.
(d) For the purposes of paragraph (2) of subdivision (b), mailing the notice by first-class mail, postage prepaid, addressed to the address shown for the creditor on the debtor’s books or such other address as the creditor may designate in writing constitutes notice.
(Added by Stats. 1987, Ch. 1268, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 5 - Novation › Section 1531.

1531. Novation is made:
1. By the substitution of a new obligation between the same parties, with intent to extinguish the old obligation;
2. By the substitution of a new debtor in place of the old one, with intent to release the latter; or,
3. By the substitution of a new creditor in place of the old one, with intent to transfer the rights of the latter to the former.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 5 - Novation › Section [1533.].

[1533.]  Section Fifteen Hundred and Thirty-three. When the obligation of a third person, or an order upon such person is accepted in satisfaction, the creditor may rescind such (such) acceptance if the debtor prevents such person from complying with the order, or from fulfilling the obligation; or if, at the time the obligation or order is received, such person is insolvent, and this fact is unknown to the creditor, or if, before the creditor can with reasonable diligence present the order to the person upon whom it is given, he becomes insolvent.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 6 - Release › Section 1541.

1541. An obligation is extinguished by a release therefrom given to the debtor or the released party by the creditor or releasing party, upon a new consideration, or in writing, with or without new consideration.
(Amended by Stats. 2018, Ch. 157, Sec. 1. (SB 1431) Effective January 1, 2019.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 6 - Release › Section 1542.

1542. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
(Amended by Stats. 2018, Ch. 157, Sec. 2. (SB 1431) Effective January 1, 2019.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 6 - Release › Section 1542.1.

1542.1. Notwithstanding Section 1542, a provider of health care, as defined in Section 56.05, or its officers, employees, agents, or subcontractors, shall release the state and its officers, employees, and agents, from any claim arising from the defense of the provider of health care by the Attorney General, or other legal counsel provided by the state pursuant to Section 12511.5 of the Government Code.
(Added by Stats. 1995, Ch. 749, Sec. 2. Effective October 10, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 6 - Release › Section 1543.

1543. A release of one of two or more joint debtors does not extinguish the obligations of any of the others, unless they are mere guarantors; nor does it affect their right to contribution from him or her, except as provided in Section 877 of the Code of Civil Procedure.
(Amended by Stats. 1987, Ch. 677, Sec. 1.5.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 1 - Definition › Section 1550.

1550. It is essential to the existence of a contract that there should be:
1. Parties capable of contracting;
2. Their consent;
3. A lawful object; and,
4. A sufficient cause or consideration.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 1 - Definition › Section 1550.5.

1550.5. (a) The Legislature finds and declares all of the following:
(1) The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorized the use of marijuana for medical purposes in this state.
(2) The Legislature passed the Medical Cannabis Regulation and Safety Act, formerly Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code, to regulate and license medical cannabis in the state.
(3) The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorized the consumption of nonmedical marijuana by persons over 21 years of age and provided for the licensure and regulation of certain commercial nonmedical marijuana activities in this state.
(4) The Legislature passed the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Division 10 (commencing with Section 26000) of the Business and Professions Code) to consolidate the licensure and regulation of certain commercial activities with respect to medicinal cannabis and nonmedical marijuana, now known as adult-use cannabis.
(b) Notwithstanding any law, including, but not limited to, Sections 1550, 1667, and 1668 and federal law, commercial activity relating to medicinal cannabis or adult-use cannabis conducted in compliance with California law and any applicable local standards, requirements, and regulations shall be deemed to be all of the following:
(1) A lawful object of a contract.
(2) Not contrary to, an express provision of law, any policy of express law, or good morals.
(3) Not against public policy.
(Amended by Stats. 2018, Ch. 92, Sec. 35. (SB 1289) Effective January 1, 2019.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 2 - Parties › Section 1557.

1557. (a) The capacity of a minor to contract is governed by Division 11 (commencing with Section 6500) of the Family Code.
(b) The capacity of a person of unsound mind to contract is governed by Part 1 (commencing with Section 38) of Division 1.
(Repealed and added by Stats. 1992, Ch. 163, Sec. 9. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 2 - Parties › Section 1559.

1559. A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1565.

1565. The consent of the parties to a contract must be:
1. Free;
2. Mutual; and,
3. Communicated by each to the other.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1566.

1566. A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by the Chapter on Rescission.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1567.

1567. An apparent consent is not real or free when obtained through:
1. Duress;
2. Menace;
3. Fraud;
4. Undue influence; or,
5. Mistake.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1568.

1568. Consent is deemed to have been obtained through one of the causes mentioned in the last section only when it would not have been given had such cause not existed.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1568.5.

1568.5. A representation by a minor that the minor’s parent or legal guardian has consented shall not be considered to be consent for purposes of this chapter.
(Added by Stats. 2021, Ch. 28, Sec. 1. (AB 891) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1569.

1569. Duress consists in any of the following:
(a) Unlawful confinement of the person of the party, or of the spouse of such party, or of an ancestor, descendant, or adopted child of such party or spouse.
(b) Unlawful detention of the property of any such person.
(c) Confinement of such person, lawful in form, but fraudulently obtained, or fraudulently made unjustly harassing or oppressive.
(Amended by Stats. 2016, Ch. 50, Sec. 11. (SB 1005) Effective January 1, 2017.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1570.

1570. Menace consists in a threat:
1. Of such duress as is specified in Subdivisions 1 and 3 of the last section;
2. Of unlawful and violent injury to the person or property of any such person as is specified in the last section; or,
3. Of injury to the character of any such person.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1572.

1572. Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:
1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
3. The suppression of that which is true, by one having knowledge or belief of the fact;
4. A promise made without any intention of performing it; or,
5. Any other act fitted to deceive.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1573.

1573. Constructive fraud consists:
1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or,
2. In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1575.

1575. Undue influence consists:
1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him;
2. In taking an unfair advantage of another’s weakness of mind; or,
3. In taking a grossly oppressive and unfair advantage of another’s necessities or distress.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1577.

1577. Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in:
1. An unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or,
2. Belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a thing, which has not existed.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1578.

1578. Mistake of law constitutes a mistake, within the meaning of this Article, only when it arises from:
1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law; or,
2. A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1580.

1580. Consent is not mutual, unless the parties all agree upon the same thing in the same sense. But in certain cases defined by the Chapter on Interpretation, they are to be deemed so to agree without regard to the fact.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1581.

1581. Consent can be communicated with effect, only by some act or omission of the party contracting, by which he intends to communicate it, or which necessarily tends to such communication.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1582.

1582. If a proposal prescribes any conditions concerning the communication of its acceptance, the proposer is not bound unless they are conformed to; but in other cases any reasonable and usual mode may be adopted.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1583.

1583. Consent is deemed to be fully communicated between the parties as soon as the party accepting a proposal has put his acceptance in the course of transmission to the proposer, in conformity to the last section.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1584.6.

1584.6. If a person is a member of an organization which makes retail sales of any goods, wares, or merchandise to its members, and the person notifies the organization of his termination of membership by certified mail, return receipt requested, any unordered goods, wares, or merchandise which are sent to the person after 30 days following execution of the return receipt for the certified letter by the organization, shall for all purposes be deemed unconditional gifts to the person, who may use or dispose of the goods, wares, or merchandise in any manner he sees fit without any obligation on his part to the organization.
If the termination of a person’s membership in such organization breaches any agreement with the organization, nothing in this section shall relieve the person from liability for damages to which he might be otherwise subjected to pursuant to law, but he shall not be subject to any damages with respect to any goods, wares, or merchandise which are deemed unconditional gifts to him under this section.
If after any receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys’ fees and costs to the prevailing party.
(Added by Stats. 1969, Ch. 400.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1585.

1585. An acceptance must be absolute and unqualified, or must include in itself an acceptance of that character which the proposer can separate from the rest, and which will conclude the person accepting. A qualified acceptance is a new proposal.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1587.

1587. A proposal is revoked by any of the following:
(a) By the communication of notice of revocation by the proposer to the other party, in the manner prescribed by Sections 1581 and 1583, before his or her acceptance has been communicated to the former.
(b) By the lapse of the time prescribed in the proposal for its acceptance or, if no time is prescribed, the lapse of a reasonable time without communication of the acceptance.
(c) By the failure of the acceptor to fulfill a condition precedent to acceptance.
(d) By the death or legal incapacity to make decisions of the proposer.
(Amended by Stats. 2014, Ch. 144, Sec. 2. (AB 1847) Effective January 1, 2015.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1589.

1589. A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or ought to be known, to the person accepting.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 3 - Consent › Section 1590.

1590. Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just.
(Added by Stats. 1939, Ch. 128.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 4 - Object of a Contract › Section 1595.

1595. The object of a contract is the thing which it is agreed, on the part of the party receiving the consideration, to do or not to do.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 4 - Object of a Contract › Section 1596.

1596. The object of a contract must be lawful when the contract is made, and possible and ascertainable by the time the contract is to be performed.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 4 - Object of a Contract › Section 1598.

1598. Where a contract has but a single object, and such object is unlawful, whether in whole or in part, or wholly impossible of performance, or so vaguely expressed as to be wholly unascertainable, the entire contract is void.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 4 - Object of a Contract › Section 1599.

1599. Where a contract has several distinct objects, of which one at least is lawful, and one at least is unlawful, in whole or in part, the contract is void as to the latter and valid as to the rest.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 5 - Consideration › Section 1605.

1605. Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 5 - Consideration › Section 1606.

1606. An existing legal obligation resting upon the promisor, or a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by the promisee, is also a good consideration for a promise, to an extent corresponding with the extent of the obligation, but no further or otherwise.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 5 - Consideration › Section 1608.

1608. If any part of a single consideration for one or more objects, or of several considerations for a single object, is unlawful, the entire contract is void.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 5 - Consideration › Section 1609.

1609. A consideration may be executed or executory, in whole or in part. In so far as it is executory it is subject to the provisions of Chapter IV of this Title.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 5 - Consideration › Section 1610.

1610. When a consideration is executory, it is not indispensable that the contract should specify its amount or the means of ascertaining it. It may be left to the decision of a third person, or regulated by any specified standard.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 5 - Consideration › Section 1611.

1611. When a contract does not determine the amount of the consideration, nor the method by which it is to be ascertained, or when it leaves the amount thereof to the discretion of an interested party, the consideration must be so much money as the object of the contract is reasonably worth.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 5 - Consideration › Section 1612.

1612. Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void; but this section shall not apply to the cases provided for in sections 1729 and 1730 of this code.
(Amended by Stats. 1931, Ch. 1070.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 1 - NATURE OF A CONTRACT › CHAPTER 5 - Consideration › Section 1613.

1613. Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face, but in fact is, or becomes, impossible of execution, such provision only is void; but this section shall not apply to the cases provided for in sections 1729 and 1730 of this code.
(Amended by Stats. 1931, Ch. 1070.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2 - MANNER OF CREATING CONTRACTS › Section 1623.

1623. Where a contract, which is required by law to be in writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing, and acts upon such belief to his prejudice, may enforce it against the fraudulent party.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2 - MANNER OF CREATING CONTRACTS › Section 1624.5.

1624.5. (a) Except in the cases described in subdivision (b), a contract for the sale of personal property is not enforceable by way of action or defense beyond five thousand dollars ($5,000) in amount or value of remedy unless there is some record, as defined in subdivision (m) of Section 1633.2, but solely to the extent permitted by applicable law, that indicates that a contract for sale has been made between the parties at a defined or stated price, reasonably identifies the subject matter, and is signed, including by way of electronic signature, as defined in subdivision (h) of Section 1633.2, but solely to the extent permitted by applicable law, by the party against whom enforcement is sought or by his or her authorized agent.
(b) Subdivision (a) does not apply to contracts governed by the Commercial Code, including contracts for the sale of goods (Section 2201 of the Commercial Code), contracts for the sale of securities (Section 8113 of the Commercial Code), and security agreements (Sections 9201 and 9203 of the Commercial Code).
(c) Subdivision (a) does not apply to a qualified financial contract as that term is defined in paragraph (2) of subdivision (b) of Section 1624 if either of the following exists:
(1) There is, as provided in paragraph (3) of subdivision (b) of Section 1624, sufficient evidence to indicate that a contract has been made.
(2) The parties thereto, by means of a prior or subsequent written contract, have agreed to be bound by the terms of the qualified financial contract from the time they reach agreement (by telephone, by exchange of electronic messages, or otherwise) on those terms.
(Added by Stats. 2006, Ch. 254, Sec. 1. Effective January 1, 2007.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2 - MANNER OF CREATING CONTRACTS › Section 1625.

1625. The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.
(Amended by Stats. 1905, Ch. 451.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2 - MANNER OF CREATING CONTRACTS › Section 1630.

1630. Except as provided in Section 1630.5, a printed contract of bailment providing for the parking or storage of a motor vehicle shall not be binding, either in whole or in part, on the vehicle owner or on the person who leaves the vehicle with another, unless the contract conforms to the following:
(a) “This contract limits our liability—read it” is printed at the top in capital letters of 10-point type or larger.
(b) All the provisions of the contract are printed legibly in eight-point type or larger.
(c) Acceptance of benefits under a contract included within the provisions of this section shall not be construed a waiver of this section, and it shall be unlawful to issue such a contract on condition that provisions of this section are waived.
A copy of the contract printed in large type, in an area at least 17 by 22 inches, shall be posted in a conspicuous place at each entrance of the parking lot.
Nothing in this section shall be construed to prohibit the enactment of city ordinances on this subject that are not less restrictive, and such enactments are expressly authorized.
(Amended by Stats. 1970, Ch. 1277.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2 - MANNER OF CREATING CONTRACTS › Section 1630.5.

1630.5. The provisions of any contract of bailment for the parking or storage of a motor vehicle shall not exempt the bailee from liability, either in whole or in part, for the theft of any motor vehicle, when such motor vehicle is parked or stored with such bailee, and the keys are required by such bailee to be left in the parked or stored vehicle.
(Added by Stats. 1970, Ch. 1277.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2 - MANNER OF CREATING CONTRACTS › Section 1631.

1631. Every person in this State who sells machinery used or to be used for mining purposes shall, at the time of sale, give to the buyer a bill of sale for the machinery. The seller shall keep a written record of the sale, giving the date thereof, describing the machinery, and showing the name and address of the buyer, and the buyer, if in this State, shall keep a record of his purchase, giving the name and address of the seller, describing the machinery, and showing the date of the purchase.
(Added by Stats. 1959, Ch. 222.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.1.

1633.1. This title may be cited as the Uniform Electronic Transactions Act.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.4.

1633.4. This title applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2000.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.5.

1633.5. (a) This title does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b) This title applies only to a transaction between parties each of which has agreed to conduct the transaction by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct. Except for a separate and optional agreement the primary purpose of which is to authorize a transaction to be conducted by electronic means, an agreement to conduct a transaction by electronic means may not be contained in a standard form contract that is not an electronic record. An agreement in such a standard form contract may not be conditioned upon an agreement to conduct transactions by electronic means. An agreement to conduct a transaction by electronic means may not be inferred solely from the fact that a party has used electronic means to pay an account or register a purchase or warranty. This subdivision may not be varied by agreement.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. If a seller sells goods or services by both electronic and nonelectronic means and a buyer purchases the goods or services by conducting the transaction by electronic means, the buyer may refuse to conduct further transactions regarding the goods or services by electronic means. This subdivision may not be varied by agreement.
(d) Except as otherwise provided in this title, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this title of the words “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.6.

1633.6. This title shall be construed and applied according to all of the following:
(1) To facilitate electronic transactions consistent with other applicable law.
(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices.
(3) To effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.7.

1633.7. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.8.

1633.8. (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, that requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this title requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, all of the following rules apply:
(1) The record shall be posted or displayed in the manner specified in the other law.
(2) Except as otherwise provided in paragraph (2) of subdivision (d), the record shall be sent, communicated, or transmitted by the method specified in the other law.
(3) The record shall contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, except as follows:
(1) To the extent a law other than this title requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subdivision (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement.
(2) A requirement under a law other than this title to send, communicate, or transmit a record by first-class mail may be varied by agreement to the extent permitted by the other law.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.9.

1633.9. (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subdivision (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties’ agreement, if any, and otherwise as provided by law.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)