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<h1>Section 38: Promisor Not Liable for Non-Performance if Promisee Refuses Unconditional Offer; Rights Retained.</h1> Under Section 38 of the Indian Contract Act, 1872, if a promisor offers to perform their contractual obligations and the promisee refuses the offer, the promisor is not liable for non-performance and retains their contractual rights. The offer must be unconditional, made at an appropriate time and place, and allow the promisee a reasonable opportunity to verify the promisor's ability and willingness to fulfill the contract. If the offer involves delivering goods, the promisee must be able to confirm that the goods meet the contract's specifications. Offers to one of several joint promisees have the same effect as offers to all.