Civil Code — Part 2 | CIV — United States — California law | Esheria

Civil Code

Part 2 of 20 · provisions 201–400

This section names the act the Civil Code of the State of California and says it is divided into four parts.

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Occupancy can create title, but that title is subject to listed superior claims and does not by itself let the occupant bring or keep a quiet title action unless prescription has matured the title. Occupancy for the time required by the Code of Civil Procedure can create title by prescription, except for property dedicated to public use or owned by the state or a public entity. A use of land does not become a prescriptive easement if the owner posts notice signs at each entrance or every 200 feet along the boundary. Public use of private property does not create a permanent vested right unless there is an express written irrevocable offer of dedication that is accepted as required; special rules apply to certain coastal property. A person who in good faith and by mistake affixes improvements to another’s land may remove them, but must pay damages as required.

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Provisions of Civil Code

Showing 200 of 3,922

  1. 1437.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. )

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    Concurrent conditions are mutually dependent and must be performed at the same time.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. ) ## 1437. Conditions concurrent are those which are mutually dependent, and are to be performed at the same time. (Enacted 1872.)
  2. 1438.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. )

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    A condition subsequent is a condition tied to a future event that can end the obligation if the other party chooses to rely on it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. ) ## 1438. A condition subsequent is one referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition. (Enacted 1872.)
  3. 1439.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. )

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    A party may require performance only after fulfilling all conditions precedent and being able and ready to fulfill concurrent conditions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. ) ## 1439. Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself; and must be able and offer to fulfill all conditions concurrent so imposed upon him on the like fulfillment by the other party, except as provided by the next section. (Enacted 1872.)
  4. 1440.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. )

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    If one party says before default that they will not perform, and does not retract that notice before performance is due, the other party may enforce the obligation without first performing or offering their own conditions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. ) ## 1440. If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his part in favor of the former party. (Enacted 1872.)
  5. 1441.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. )

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    A contract condition is void if it is impossible, unlawful, or repugnant to the nature of the interest created by the contract.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. ) ## 1441. A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of the Article on the Object of Contracts, or which is repugnant to the nature of the interest created by the contract, is void. (Enacted 1872.)
  6. 1442.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. )

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    A forfeiture condition must be interpreted strictly against the party who benefits from it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. ) ## 1442. A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created. (Enacted 1872.)
  7. 1448.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 4. Alternative Obligations [1448 - 1451] ( Chapter 4 enacted 1872. )

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    If an obligation allows either of two acts to be performed, the person who must perform gets to choose the act, unless the obligation says otherwise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 4. Alternative Obligations [1448 - 1451] ( Chapter 4 enacted 1872. ) ## 1448. If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless it is otherwise provided by the terms of the obligation. (Enacted 1872.)
  8. 1449.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 4. Alternative Obligations [1448 - 1451] ( Chapter 4 enacted 1872. )

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    If the party with the right to choose between alternative acts does not notify the other party in time, the right to choose passes to the other party.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 4. Alternative Obligations [1448 - 1451] ( Chapter 4 enacted 1872. ) ## 1449. If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party. (Enacted 1872.)
  9. 1450.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 4. Alternative Obligations [1448 - 1451] ( Chapter 4 enacted 1872. )

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    If a party may choose among alternative acts, it must choose one entire act and cannot split the choice between acts without the other party’s consent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 4. Alternative Obligations [1448 - 1451] ( Chapter 4 enacted 1872. ) ## 1450. The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another without the consent of the other party. (Enacted 1872.)
  10. 1451.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 4. Alternative Obligations [1448 - 1451] ( Chapter 4 enacted 1872. )

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    If one of two alternative acts required by an obligation cannot be enforced, becomes unlawful, or cannot be performed, the obligation is treated as if the other act were the only one required.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 4. Alternative Obligations [1448 - 1451] ( Chapter 4 enacted 1872. ) ## 1451. If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation is to be interpreted as though the other stood alone. (Enacted 1872.)
  11. 1457.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    The burden of an obligation may be transferred only with the consent of the party entitled to benefit from it, except as Section 1466 allows.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1457. The burden of an obligation may be transferred with the consent of the party entitled to its benefit, but not otherwise, except as provided by Section 1466. (Enacted 1872.)
  12. 1458.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    A person who is owed a right arising from an obligation owns that right and may transfer it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1458. A right arising out of an obligation is the property of the person to whom it is due, and may be transferred as such. (Enacted 1872.)
  13. 1459.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    A non-negotiable written contract for payment of money or personal property may be transferred by indorsement.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1459. A non-negotiable written contract for the payment of money or personal property may be transferred by indorsement, in like manner with negotiable instruments. Such indorsement shall transfer all the rights of the assignor under the instrument to the assignee, subject to all equities and defenses existing in favor of the maker at the time of the indorsement. (Enacted 1872.)
  14. 1459.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    A prevailing plaintiff in the covered situation may recover attorney’s fees, costs, and expenses from the defendant, and any waiver of this rule is void.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1459.5. (a) A plaintiff who prevails on a cause of action against a defendant named pursuant to Part 433 of Title 16 of the Code of Federal Regulations or any successor thereto, or pursuant to the contractual language required by that part or any successor thereto, may claim attorney’s fees, costs, and expenses from that defendant to the fullest extent permissible if the plaintiff had prevailed on that cause of action against the seller. (b) Any waiver of subdivision (a) is contrary to public policy and is void and unenforceable. (Amended by Stats. 2024, Ch. 853, Sec. 10. (AB 3281) Effective January 1, 2025.)
  15. 1460.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    Certain covenants in grants of real property estates pass with the estate and bind the covenantor’s assigns while benefiting the covenantee’s assigns.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1460. Certain covenants, contained in grants of estates in real property, are appurtenant to such estates, and pass with them, so as to bind the assigns of the covenantor and to vest in the assigns of the covenantee, in the same manner as if they had personally entered into them. Such convenants are said to run with the land. (Enacted 1872.)
  16. 1461.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    Only the covenants specified in this Title, and those incidental to them, run with the land.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1461. The only covenants which run with the land are those specified in this Title, and those which are incidental thereto. (Enacted 1872.)
  17. 1462.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    A covenant in a grant of real property that directly benefits the property, or part of it then in existence, runs with the land.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1462. Every covenant contained in a grant of an estate in real property, which is made for the direct benefit of the property, or some part of it then in existence, runs with the land. (Enacted 1872.)
  18. 1463.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    This section says the prior section includes certain covenants by a grantor and grantee.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1463. The last section includes covenants “of warranty,” “for quiet enjoyment,” or for further assurance on the part of a grantor, and covenants for the payment of rent, or of taxes or assessments upon the land, on the part of a grantee. (Enacted 1872.)
  19. 1465.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    A covenant running with the land binds only people who acquire the covenantor’s whole estate in part of the property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1465. A covenant running with the land binds those only who acquire the whole estate of the covenantor in some part of the property. (Enacted 1872.)
  20. 1466.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    A person who acquires an estate subject to a running covenant is not liable for breaches that happened before acquisition or after they give up the estate or stop benefiting from it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1466. No one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for a breach of the covenant before he acquired the estate, or after he has parted with it or ceased to enjoy its benefits. (Enacted 1872.)
  21. 1467.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    If multiple people hold different titles to land and are burdened by or benefit from a running covenant, the burden or benefit must be split among them based on the value of the property, or if that cannot be determined, based on their respective quantity interests.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1467. Where several persons, holding by several titles, are subject to the burden or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascertained, and if not, then according to their respective interests in point of quantity. (Enacted 1872.)
  22. 1468.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

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    A qualifying land covenant can run with the land and bind successive owners while they own affected land, if the section’s description, notice, purpose, and recording requirements are met.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1468. Each covenant, made by an owner of land with the owner of other land or made by a grantor of land with the grantee of land conveyed, or made by the grantee of land conveyed with the grantor thereof, to do or refrain from doing some act on his own land, which doing or refraining is expressed to be for the benefit of the land of the convenantee, runs with both the land owned by or granted to the covenantor and the land owned by or granted to the covenantee and shall, except as provided by Section 1466, or as specifically provided in the instrument creating such covenant, and notwithstanding the provisions of Section 1465, benefit or be binding upon each successive owner, during his ownership, of any portion of such land affected thereby and upon each person having any interest therein derived through any owner thereof where all of the following requirements are met: (a) The land of the covenantor which is to be affected by such covenants, and the land of covenantee to be benefited, are particularly described in the instrument containing such covenants; (b) Such successive owners of the land are in such instrument expressed to be bound thereby for the benefit of the land owned by, granted by, or granted to the covenantee; (c) Each such act relates to the use, repair, maintenance or improvement of, or payment of taxes and assessments on, such land or some part thereof, or if the land owned by or granted to each consists of undivided interests in the same parcel or parcels, the suspension of the right of partition or sale in lieu of partition for a period which is reasonable in relation to the purpose of the covenant; (d) The instrument containing such covenants is recorded in the office of the recorder of each county in which such land or some part thereof is situated. Where several persons are subject to the burden of any such covenant, it shall be apportioned among them pursuant to Section 1467, except that where only a portion of such land is so affected thereby, such apportionment shall be only among the several owners of such portion. This section shall apply to the mortgagee, trustee or beneficiary of a mortgage or deed of trust upon such land or any part thereof while but only while he, in such capacity, is in possession thereof. (Amended by Stats. 1973, Ch. 474.)
  23. 1469.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

    Verify source ↗

    A lessor’s lease covenant about contiguous real property can bind later owners if the section’s recording and description requirements are met, subject to Section 1466.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1469. Each covenant made by the lessor in a lease of real property to do any act or acts on other real property which is owned by the lessor and is contiguous (except for intervening public streets, alleys or sidewalks) to the real property demised to the lessee shall, except as provided by Section 1466, be binding upon each successive owner, during his ownership, of any portion of such contiguous real property affected thereby where all of the following requirements are met: (a) Such contiguous real property is particularly described in the lease; (b) Such successive owners are in the lease expressed to be bound thereby for the benefit of the demised real property; (c) Each such act relates to the use, repair, maintenance or improvement of, or payment of taxes and assessments on, such contiguous real property or some part thereof; (d) The lease is recorded in the same manner as grants of real property, in the office of the recorder of each county in which such contiguous real property or some part thereof is situate. Such lease shall include the description of any such contiguous land described in any unrecorded instrument, the contents of which unrecorded instrument are incorporated by reference in such recorded lease. Where several persons are subject to the burden of any such covenant, it shall be apportioned among them pursuant to Section 1467, except that where only a portion of such contiguous real property is so affected thereby, such apportionment shall be only among the several owners of such portion. This section shall apply to the mortgagee, trustee or beneficiary of a mortgage or deed of trust upon such contiguous real property or any part thereof while but only while he, in such capacity, is in possession thereof. (Amended by Stats. 1965, Ch. 1502.)
  24. 1470.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

    Verify source ↗

    A lease covenant by the lessor can bind later owners and certain holders of interests in contiguous property if the lease and recording requirements are met.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1470. Each covenant made by the lessor in a lease of real property not to use or permit to be used contrary to the terms of such lease any other real property which is owned by the lessor and is contiguous (except for intervening public streets, alleys or sidewalks) to the real property demised to the lessee shall, except as provided by Section 1466, be binding upon each successive owner, during his ownership, of any portion of such contiguous real property affected thereby and upon each person having any interest therein derived through any owner thereof where all of the following requirements are met: (a) Such contiguous real property is particularly described in the lease; (b) Such successive owners and persons having any such interest are in the lease expressed to be bound thereby for the benefit of the demised real property; (c) The lease is recorded in the same manner as grants of real property, in the office of the recorder of each county in which such contiguous real property or some part thereof is situate. Such lease shall include therein the description of any such contiguous land described in any unrecorded instrument, the contents of which unrecorded instrument are incorporated by reference in such recorded lease. Where several persons are subject to the burden of any such covenant, it shall be apportioned among them pursuant to Section 1467, except that where only a portion of such contiguous real property is so affected thereby, such apportionment shall be only among the several owners of, and persons having any such interest in, such portion. This section shall apply to the mortgagee, trustee or beneficiary of a mortgage or deed of trust upon such contiguous real property or any part thereof while and only while he, in such capacity, is in possession thereof. (Amended by Stats. 1963, Ch. 2054.)
  25. 1471.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. )

    Verify source ↗

    This section lets certain land-use covenants run with the land if specified recording, description, and safety/environment conditions are met.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 3. TRANSFER OF OBLIGATIONS [1457 - 1471] ( Title 3 enacted 1872. ) ## 1471. (a) Notwithstanding Section 1468 or any other provision of law, a covenant made by an owner of land or by the grantee of land to do or refrain from doing some act on his or her own land, which doing or refraining is expressed to be for the benefit of the covenantee, regardless of whether or not it is for the benefit of land owned by the covenantee, shall run with the land owned by or granted to the covenantor if all the following requirements are met: (1) The land of the covenantor that is to be affected by the covenant is particularly described in the instrument containing the covenant. (2) The successive owners of the land are expressed to be bound thereby for the benefit of the covenantee in the instrument containing the covenant. (3) Each act that the owner or grantee will do or refrain from doing relates to the use of land and each act is reasonably necessary to protect present or future human health or safety or the environment as a result of the presence on the land of hazardous materials, as defined in Section 25260 of the Health and Safety Code. (4) The instrument containing the covenant is recorded in the office of the recorder of each county in which the land or some portion thereof is situated and the instrument includes in its title the words: “Environmental Restriction.” (b) Except as provided by Section 1466 or as specifically provided in the instrument creating a covenant made pursuant to this section, the covenant shall be binding upon each successive owner, during his or her ownership, of any portion of the land affected thereby and upon each person having any interest therein derived through any owner thereof. (c) If several persons are subject to the burden of a covenant recorded pursuant to this section, it shall be apportioned among them pursuant to Section 1467, except if only a portion of the land is so affected thereby, the apportionment shall be only among the several owners of that portion. (d) This section shall apply to the mortgagee, trustee, or beneficiary of a mortgage or deed of trust upon the land or any part thereof while, but only while, he or she, in that capacity, is in possession thereof. (e) (1) If an instrument containing a covenant is recorded pursuant to paragraph (4) of subdivision (a) as an “Environmental Restriction,” in accordance with this section, the office of the recorder of the county may send a certified copy of the instrument to the California Environmental Protection Agency, for posting on its Web site, for informational purposes only, pursuant to Section 57012 of the Health and Safety Code, unless the instrument indicates that it is required by a board or department specified in paragraphs (1) to (3), inclusive, of subdivision (d) of Section 57012 of the Health and Safety Code. (2) Notwithstanding any provision of law, the office of the recorder of the county and any of its employees shall not be subject to any liability under any state law or in any action for damages if the office of the recorder does not send a certified copy of the instrument pursuant to paragraph (1). (f) The office of the recorder of the county may assess a reasonable fee, as determined by resolution of its governing body, to cover the costs of taking the action authorized by subdivision (e). (Amended by Stats. 2002, Ch. 592, Sec. 1. Effective January 1, 2003.)
  26. 1473.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Full performance of an obligation extinguishes it when done by the person who must perform it, or by someone acting for that person with assent, and the creditor accepts it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. ) ## 1473. Full performance of an obligation, by the party whose duty it is to perform it, or by any other person on his behalf, and with his assent, if accepted by the creditor, extinguishes it. (Enacted 1872.)
  27. 1474.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. )

    Verify source ↗

    If one jointly liable person performs the obligation, the liability of all is extinguished.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. ) ## 1474. Performance of an obligation, by one of several persons who are jointly liable under it, extinguishes the liability of all. (Enacted 1872.)
  28. 1475.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. )

    Verify source ↗

    If an obligation is owed to several persons, paying any one of them extinguishes the obligation, except for certain deposits held in common or jointly owned.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. ) ## 1475. An obligation in favor of several persons is extinguished by performance rendered to any of them, except in the case of a deposit made by owners in common, or in joint ownership, which is regulated by the Title on Deposit. (Enacted 1872.)
  29. 1476.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A creditor can direct the debtor to perform an obligation in a particular way, and performance in that way extinguishes the obligation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. ) ## 1476. If a creditor, or any one of two or more joint creditors, at any time directs the debtor to perform his obligation in a particular manner, the obligation is extinguished by performance in that manner, even though the creditor does not receive the benefit of such performance. (Enacted 1872.)
  30. 1477.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A partial performance of an indivisible obligation cancels the obligation by the same proportion if the creditor voluntarily keeps the benefit; otherwise it does not.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. ) ## 1477. A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it without injuring his own property, his retention thereof is not presumed to be voluntary. (Enacted 1872.)
  31. 1478.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section says that performing an obligation to deliver money is called payment.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 1. Performance [1473 - [1479.]] ( Chapter 1 enacted 1872. ) ## 1478. Performance of an obligation for the delivery of money only, is called payment. (Enacted 1872.)
  32. 1485.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    An obligation is extinguished when performance is offered in the prescribed way and with the intent to extinguish the obligation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 1485. An obligation is extinguished by an offer of performance, made in conformity to the rules herein prescribed, and with intent to extinguish the obligation. (Enacted 1872.)
  33. 1486.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    An offer of partial performance has no legal effect.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 1486. An offer of partial performance is of no effect. (Enacted 1872.)
  34. 1487.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    An offer of performance must be made by the debtor, or by someone acting for the debtor with the debtor’s assent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 1487. An offer of performance must be made by the debtor, or by some person on his behalf and with his assent. (Enacted 1872.)
  35. 1489.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A debtor may make an offer of performance at the debtor’s option, unless there is an express provision to the contrary.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 1489. In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor: 1. At any place appointed by the creditor; or, 2. Wherever the person to whom the offer ought to be made can be found; or, 3. If such person cannot, with reasonable diligence, be found within this State, and within a reasonable distance from his residence or place of business, or if he evades the debtor, then at his residence or place of business, if the same can, with reasonable diligence, be found within the State; or, 4. If this cannot be done, then at any place within this State. (Enacted 1872.)
  36. 1490.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If an obligation sets a performance time, the offer of performance must be made at that time, within reasonable hours, and not before or after.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 1490. Where an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before nor afterwards. (Enacted 1872.)
  37. 1491.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If an obligation does not set a performance time, an offer of performance may be made before the debtor refuses to perform after a reasonable demand.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 1491. Where an obligation does not fix the time for its performance, an offer of performance may be made at any time before the debtor, upon a reasonable demand, has refused to perform. (Enacted 1872.)
  38. 1492.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If performance is late but can be fully compensated and time is not essential, an offer to perform, with compensation, may still be made after the due date.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 1492. Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance, accompanied with an offer of such compensation, may be made at any time after it is due, but without prejudice to any rights acquired by the creditor, or by any other person, in the meantime. (Enacted 1872.)
  39. 1493.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    An offer of performance must be made in good faith and in the way most likely to benefit the creditor under the circumstances.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 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.)
  40. 1494.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    An offer of performance must not include conditions the creditor is not required to perform.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 1494. An offer of performance must be free from any conditions which the creditor is not bound, on his part, to perform. (Enacted 1872.)
  41. 1495.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    An offer of performance has no legal effect if the person making it is not able and willing to perform as offered.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 1495. An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer. (Enacted 1872.)
  42. 1496.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    An offered item does not have to be actually produced when making an offer of performance unless the offer is accepted.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 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.)
  43. 1497.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If a thing is offered as performance, it must not be mixed with other things that cannot be separated right away and without difficulty.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 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.)
  44. 1498.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A debtor who is entitled to a condition’s performance may make the debtor’s own offer depend on that condition being performed.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 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.)
  45. 1499.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A debtor may require a written receipt from the creditor for property delivered in performance of the debt.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 1499. A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation. (Enacted 1872.)
  46. 1500.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A money debt is extinguished by a due offer of payment if the amount is immediately deposited in the creditor’s name at a good-repute bank or savings and loan association in this state, and the creditor is notified.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 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.)
  47. 1501.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If the creditor does not raise an objection to the mode of performance when they have the chance and the issue could be fixed then, the objection is waived.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 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.)
  48. 1502.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If a thing is duly offered in performance of an obligation, title passes to the creditor when the debtor states that intention at that time.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 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.)
  49. 1503.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A person offering something other than money as performance must hold it as a depositary for hire if treating it as the creditor’s property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 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.)
  50. 1504.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A duly made offer of payment or other performance stops interest on the obligation and is treated like performance for its other effects.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 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.)
  51. 1505.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If a creditor refuses a thing offered as performance, the creditor does not have to return it unless asked; if the creditor keeps it, the creditor is treated as a gratuitous depositary.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 2. Offer of Performance [1485 - 1505] ( Chapter 2 enacted 1872. ) ## 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.)
  52. 1511.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 3. Prevention of Performance or Offer [1511 - 1515] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A party’s nonperformance or delay may be excused by the creditor’s act, operation of law, an irresistible superhuman cause, public enemies, or the creditor’s conduct inducing nonperformance.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 3. Prevention of Performance or Offer [1511 - 1515] ( Chapter 3 enacted 1872. ) ## 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.)
  53. 1514.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 3. Prevention of Performance or Offer [1511 - 1515] ( Chapter 3 enacted 1872. )

    Verify source ↗

    If an obligation is prevented for a reason that excuses performance, and the creditor did not cause it, the debtor is entitled to part of the consideration based on the benefit actually received by the creditor.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 3. Prevention of Performance or Offer [1511 - 1515] ( Chapter 3 enacted 1872. ) ## 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.)
  54. 1515.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 3. Prevention of Performance or Offer [1511 - 1515] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A creditor’s refusal to accept performance before an offer is treated like an offer and refusal, unless the creditor gives the debtor notice of willingness to accept performance before it is actually due.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 3. Prevention of Performance or Offer [1511 - 1515] ( Chapter 3 enacted 1872. ) ## 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.)
  55. 1522.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 4. Accord and Satisfaction [[1521.] - 1526] ( Chapter 4 enacted 1872. )

    Verify source ↗

    Parties to an accord must carry it out, and the obligation is not extinguished until the accord is fully performed.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 4. Accord and Satisfaction [[1521.] - 1526] ( Chapter 4 enacted 1872. ) ## 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.)
  56. 1523.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 4. Accord and Satisfaction [[1521.] - 1526] ( Chapter 4 enacted 1872. )

    Verify source ↗

    If the creditor accepts the consideration for an accord, the obligation is extinguished; this is called satisfaction.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 4. Accord and Satisfaction [[1521.] - 1526] ( Chapter 4 enacted 1872. ) ## 1523. Acceptance, by the creditor, of the consideration of an accord extinguishes the obligation, and is called satisfaction. (Enacted 1872.)
  57. 1525.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 4. Accord and Satisfaction [[1521.] - 1526] ( Chapter 4 enacted 1872. )

    Verify source ↗

    In a contract money dispute, a debtor may pay the undisputed amount without conditions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 4. Accord and Satisfaction [[1521.] - 1526] ( Chapter 4 enacted 1872. ) ## 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.)
  58. 1526.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 4. Accord and Satisfaction [[1521.] - 1526] ( Chapter 4 enacted 1872. )

    Verify source ↗

    This section says when accepting a check or draft does, or does not, count as an accord and satisfaction.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 4. Accord and Satisfaction [[1521.] - 1526] ( Chapter 4 enacted 1872. ) ## 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.)
  59. 1530.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 5. Novation [1530 - [1533.]] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Novation means replacing an existing obligation with a new one.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 5. Novation [1530 - [1533.]] ( Chapter 5 enacted 1872. ) ## 1530. Novation is the substitution of a new obligation for an existing one. (Enacted 1872.)
  60. 1531.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 5. Novation [1530 - [1533.]] ( Chapter 5 enacted 1872. )

    Verify source ↗

    This section says when a novation occurs.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 5. Novation [1530 - [1533.]] ( Chapter 5 enacted 1872. ) ## 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.)
  61. 1532.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 5. Novation [1530 - [1533.]] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Novation is made by contract and follows the general rules for contracts.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 5. Novation [1530 - [1533.]] ( Chapter 5 enacted 1872. ) ## 1532. Novation is made by contract, and is subject to all the rules concerning contracts in general. (Enacted 1872.)
  62. 1541.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 6. Release [1541 - 1543] ( Chapter 6 enacted 1872. )

    Verify source ↗

    An obligation is ended by a release from the creditor or releasing party, if the release is given to the debtor or released party and is either supported by new consideration or made in writing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 6. Release [1541 - 1543] ( Chapter 6 enacted 1872. ) ## 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.)
  63. 1542.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 6. Release [1541 - 1543] ( Chapter 6 enacted 1872. )

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    A general release does not cover unknown or suspected claims that would have materially changed the settlement if they had been known.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 6. Release [1541 - 1543] ( Chapter 6 enacted 1872. ) ## 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.)
  64. 1542.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 6. Release [1541 - 1543] ( Chapter 6 enacted 1872. )

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    Health care providers and their related personnel must release the state and state personnel from claims tied to their defense by the Attorney General or other state-provided counsel.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 6. Release [1541 - 1543] ( Chapter 6 enacted 1872. ) ## 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.)
  65. 1543.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 6. Release [1541 - 1543] ( Chapter 6 enacted 1872. )

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    Releasing one joint debtor does not release the others, unless they are mere guarantors.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543] ( Title 4 enacted 1872. ) ## CHAPTER 6. Release [1541 - 1543] ( Chapter 6 enacted 1872. ) ## 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.)
  66. 1549.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 1. Definition [1549 - 1550.5] ( Chapter 1 enacted 1872. )

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    A contract means an agreement to do or not do a certain thing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 1. Definition [1549 - 1550.5] ( Chapter 1 enacted 1872. ) ## 1549. A contract is an agreement to do or not to do a certain thing. (Enacted 1872.)
  67. 1550.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 1. Definition [1549 - 1550.5] ( Chapter 1 enacted 1872. )

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    A contract exists only if there are parties capable of contracting, consent, a lawful object, and sufficient cause or consideration.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 1. Definition [1549 - 1550.5] ( Chapter 1 enacted 1872. ) ## 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.)
  68. 1550.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 1. Definition [1549 - 1550.5] ( Chapter 1 enacted 1872. )

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    This section says compliant medicinal or adult-use cannabis activity is treated as a lawful contract object and not contrary to law, morals, or public policy.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 1. Definition [1549 - 1550.5] ( Chapter 1 enacted 1872. ) ## 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.)
  69. 1556.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 2. Parties [1556 - 1559] ( Chapter 2 enacted 1872. )

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    All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 2. Parties [1556 - 1559] ( Chapter 2 enacted 1872. ) ## 1556. All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights. (Enacted 1872.)
  70. 1557.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 2. Parties [1556 - 1559] ( Chapter 2 enacted 1872. )

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    This section says who governs contract capacity for minors and for persons of unsound mind.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 2. Parties [1556 - 1559] ( Chapter 2 enacted 1872. ) ## 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.)
  71. 1558.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 2. Parties [1556 - 1559] ( Chapter 2 enacted 1872. )

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    A contract is only valid if the parties exist and can be identified.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 2. Parties [1556 - 1559] ( Chapter 2 enacted 1872. ) ## 1558. It is essential to the validity of a contract, not only that the parties should exist, but that it should be possible to identify them. (Enacted 1872.)
  72. 1559.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 2. Parties [1556 - 1559] ( Chapter 2 enacted 1872. )

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    A third person named as an express beneficiary of a contract may enforce it before the parties rescind the contract.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 2. Parties [1556 - 1559] ( Chapter 2 enacted 1872. ) ## 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.)
  73. 1565.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

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    A contract’s parties must have consent that is free, mutual, and communicated by each to the other.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  74. 1566.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

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    If consent is not free, it is not automatically void and may be rescinded by the parties under the Chapter on Rescission.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  75. 1567.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

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    Apparent consent is not real or free if it is obtained through duress, menace, fraud, undue influence, or mistake.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  76. 1568.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

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    Consent counts as obtained only if the cause from the prior section did not affect whether consent would have been given.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  77. 1568.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

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    A minor’s statement that a parent or legal guardian has consented does not count as consent under this chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  78. 1569.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

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    This section defines duress as unlawful confinement, unlawful detention of property, or certain fraudulent confinement that is harassing or oppressive.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  79. 1570.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

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    Menace means a threat of specified duress, unlawful and violent injury to a person or property, or injury to a person’s character.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  80. 1571.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

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    Fraud is defined here as either actual fraud or constructive fraud.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 1571. Fraud is either actual or constructive. (Enacted 1872.)
  81. 1572.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

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    This section defines actual fraud in contract law as certain deceptive acts done by a party to a contract, or with that party’s connivance, to deceive the other party or induce them to enter the contract.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  82. 1573.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

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    This section defines constructive fraud as certain breaches of duty or acts/omissions the law treats as fraudulent, even without actual fraudulent intent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  83. 1574.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

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    Actual fraud is always treated as a question of fact.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 1574. Actual fraud is always a question of fact. (Enacted 1872.)
  84. 1575.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Undue influence is defined as using confidence or authority to gain an unfair advantage, or taking unfair advantage of another person’s weakness, necessities, or distress.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  85. 1576.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A mistake may be either a mistake of fact or a mistake of law.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 1576. Mistake may be either of fact or law. (Enacted 1872.)
  86. 1577.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    This section defines “mistake of fact” for contract law.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  87. 1578.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Mistake of law counts as a mistake only in the two situations listed in this section.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  88. 1579.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A mistake about foreign laws is treated as a mistake of fact.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 1579. Mistake of foreign laws is a mistake of fact. (Enacted 1872.)
  89. 1580.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Consent is not mutual unless all parties agree on the same thing in the same sense.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  90. 1581.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Consent is effective only when communicated by the contracting party through an act or omission meant to communicate it, or one that necessarily does so.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  91. 1582.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    If an offer sets conditions for how acceptance must be communicated, the proposer is not bound unless those conditions are followed. Otherwise, any reasonable and usual method may be used.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  92. 1583.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Consent is fully communicated when the party accepting a proposal puts the acceptance into transmission to the proposer, if done in line with the prior section.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  93. 1584.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Doing the conditions of a proposal, or accepting the consideration offered with it, counts as acceptance of the proposal.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 1584. Performance of the conditions of a proposal, or the acceptance of the consideration offered with a proposal, is an acceptance of the proposal. (Enacted 1872.)
  94. 1584.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A seller may not offer goods or services if the offer includes sending unrequested items to the recipient; unrequested items are treated as a gift to the recipient.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 1584.5. No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares, merchandise, or services, where the offer includes the voluntary and unsolicited sending or providing of goods, wares, merchandise, or services not actually ordered or requested by the recipient, either orally or in writing. The receipt of any goods, wares, merchandise, or services shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the goods, wares, merchandise, or services in any manner he or she sees fit without any obligation on his or her part to the sender or provider. If, after any receipt deemed to be an unconditional gift under this section, the sender or provider continues to send bill statements or requests for payment with respect to the gift, an action may be brought by the recipient to enjoin the conduct, in which action there may also be awarded reasonable attorney’s fees and costs to the prevailing party. For the purposes of this section and limited to merchandise or services offered for sale through the mails, the “voluntary and unsolicited sending or providing of goods, wares, merchandise, or services not actually ordered or requested by the recipient, either orally or in writing,” includes any merchandise or services selected by the company and offered to the consumer which will be mailed to him or her for sale or on approval or provided to him or her unless he or she exercises an option to reject the offer of sale or receipt on approval. Merchandise or services selected by the seller and offered for sale on a periodic basis must be affirmatively ordered by a statement or card signed by the consumer as to each periodic offer of merchandise or services. This paragraph shall not apply to any of the following: (a) Contractual plans or arrangements complying with this subdivision under which the seller periodically provides the consumer with a form or announcement card which the consumer may use to instruct the seller not to ship the offered merchandise. Any instructions not to ship merchandise included on the form or card shall be printed in type as large as all other instructions and terms stated on the form or card. The form or card shall specify a date by which it shall be mailed by the consumer (the “mailing date”) or received by the seller (the “return date”) to prevent shipment of the offered merchandise. The seller shall mail the form or card either at least 25 days prior to the return date or at least 20 days prior to the mailing date, or provide a mailing date of at least 10 days after receipt by the consumer, except that whichever system the seller chooses for mailing the form or card, the system must be calculated to afford the consumer at least 10 days in which to mail his or her form or card. The form or card shall be preaddressed to the seller so that it may serve as a postal reply card or, alternatively, the form or card shall be accompanied by a return envelope addressed to seller. Upon the membership contract or application form or on the same page and immediately adjacent to the contract or form, and in clear and conspicuous language, there shall be disclosed the material terms of the plan or arrangement including all of the following: (1) That aspect of the plan under which the subscriber must notify the seller, in the manner provided for by the seller, if he or she does not wish to purchase or receive the selection. (2) Any obligation assumed by the subscriber to purchase a minimum quantity of merchandise. (3) The right of a contract-complete subscriber to cancel his or her membership at any time. (4) Whether billing charges will include an amount for postage and handling. (b) Other contractual plans or arrangements not covered under subdivision (a), such as continuity plans, subscription arrangements, standing order arrangements, supplements and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis. (Amended by Stats. 1985, Ch. 80, Sec. 1.)
  95. 1584.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    If a member ends membership by certified mail, unordered goods sent more than 30 days after the organization receives the return receipt are treated as gifts, and the person may keep or dispose of them.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  96. 1585.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    An acceptance must be absolute and unqualified, or it must include an acceptance the proposer can separate from the rest.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  97. 1586.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    The proposer may revoke a proposal before acceptance is communicated to the proposer, but not after that.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 1586. A proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards. (Enacted 1872.)
  98. 1587.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A proposal is revoked if the proposer gives notice before acceptance, the acceptance period or a reasonable time ends, the acceptor fails a condition precedent, or the proposer dies or loses legal capacity.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  99. 1588.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A contract voidable only because consent was not properly given may later be ratified by a later consent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 1588. A contract which is voidable solely for want of due consent, may be ratified by a subsequent consent. (Enacted 1872.)
  100. 1589.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    If someone voluntarily accepts the benefit of a transaction, that acceptance counts as consent to the obligations arising from it, as far as the person knows, or should know, the facts.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  101. 1590.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. )

    Verify source ↗

    If a gift of money or property is made in anticipation of marriage, the donor may recover the gift if the marriage is not entered into or is abandoned by mutual consent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 3. Consent [1565 - 1590] ( Chapter 3 enacted 1872. ) ## 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.)
  102. 1595.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 4. Object of a Contract [1595 - 1599] ( Chapter 4 enacted 1872. )

    Verify source ↗

    This section defines the object of a contract as the thing a receiving party agrees to do or not do.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 4. Object of a Contract [1595 - 1599] ( Chapter 4 enacted 1872. ) ## 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.)
  103. 1596.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 4. Object of a Contract [1595 - 1599] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A contract’s object must be lawful when the contract is made, and must be possible and ascertainable by the time performance is due.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 4. Object of a Contract [1595 - 1599] ( Chapter 4 enacted 1872. ) ## 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.)
  104. 1597.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 4. Object of a Contract [1595 - 1599] ( Chapter 4 enacted 1872. )

    Verify source ↗

    The section says everything is treated as possible, except things that are impossible by nature.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 4. Object of a Contract [1595 - 1599] ( Chapter 4 enacted 1872. ) ## 1597. Everything is deemed possible except that which is impossible in the nature of things. (Enacted 1872.)
  105. 1598.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 4. Object of a Contract [1595 - 1599] ( Chapter 4 enacted 1872. )

    Verify source ↗

    If a contract has only one object and that object is unlawful, impossible to perform, or too vague to identify, the whole contract is void.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 4. Object of a Contract [1595 - 1599] ( Chapter 4 enacted 1872. ) ## 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.)
  106. 1599.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 4. Object of a Contract [1595 - 1599] ( Chapter 4 enacted 1872. )

    Verify source ↗

    If a contract has several distinct objects and at least one is lawful and one is unlawful, the contract is void only for the unlawful part and remains valid for the rest.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 4. Object of a Contract [1595 - 1599] ( Chapter 4 enacted 1872. ) ## 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.)
  107. 1605.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Certain benefits or prejudices can count as valid consideration for a promise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. ) ## 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.)
  108. 1606.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. )

    Verify source ↗

    An existing legal obligation, or certain moral obligations or prejudice suffered by the promisee, can count as good consideration for a promise only to the extent of that obligation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. ) ## 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.)
  109. 1607.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A contract’s consideration must be lawful under Section 1667.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. ) ## 1607. The consideration of a contract must be lawful within the meaning of Section 1667. (Enacted 1872.)
  110. 1608.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. )

    Verify source ↗

    If any part of the consideration is unlawful, the whole contract is void.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. ) ## 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.)
  111. 1609.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A consideration can be executed or executory, in whole or in part.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. ) ## 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.)
  112. 1610.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. )

    Verify source ↗

    If consideration is executory, the contract does not have to state the amount or how to determine it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. ) ## 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.)
  113. 1611.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. )

    Verify source ↗

    If a contract does not state how consideration is to be calculated, or leaves it to an interested party’s discretion, the consideration must be money equal to the object’s reasonable value.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. ) ## 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.)
  114. 1612.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. )

    Verify source ↗

    If a contract uses an exclusive way to determine consideration and that method is impossible to carry out on its face, the contract is void.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. ) ## 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.)
  115. 1613.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. )

    Verify source ↗

    If a contract uses an exclusive way to determine consideration and that method later cannot be carried out, that provision is void.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. ) ## 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.)
  116. 1614.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A written instrument is presumed to be evidence that consideration exists.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. ) ## 1614. A written instrument is presumptive evidence of a consideration. (Enacted 1872.)
  117. 1615.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. )

    Verify source ↗

    The party trying to invalidate or avoid an instrument must prove that there was no consideration sufficient to support it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 1. NATURE OF A CONTRACT [1549 - 1615] ( Title 1 enacted 1872. ) ## CHAPTER 5. Consideration [1605 - 1615] ( Chapter 5 enacted 1872. ) ## 1615. The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it. (Enacted 1872.)
  118. 1619.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

    Verify source ↗

    A contract may be either express or implied.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1619. A contract is either express or implied. (Enacted 1872.)
  119. 1620.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

    Verify source ↗

    An express contract is a contract whose terms are stated in words.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1620. An express contract is one, the terms of which are stated in words. (Enacted 1872.)
  120. 1621.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

    Verify source ↗

    An implied contract is a contract whose existence and terms are shown by conduct.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1621. An implied contract is one, the existence and terms of which are manifested by conduct. (Enacted 1872.)
  121. 1622.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

    Verify source ↗

    Contracts may be oral unless a statute specifically requires them to be in writing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1622. All contracts may be oral, except such as are specially required by statute to be in writing. (Enacted 1872.)
  122. 1623.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

    Verify source ↗

    If a contract that must be in writing is kept from being written by a party’s fraud, another party who is misled by that fraud and acts to their prejudice may enforce the contract against the fraudulent party.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 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.)
  123. 1624.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

    Verify source ↗

    Many contracts listed here are invalid unless there is a writing signed by the party to be charged or that party’s agent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1624. (a) The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party’s agent: (1) An agreement that by its terms is not to be performed within a year from the making thereof. (2) A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in Section 2794. (3) An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; such an agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged. (4) An agreement authorizing or employing an agent, broker, or any other person to purchase or sell real estate, or to lease real estate for a longer period than one year, or to procure, introduce, or find a purchaser or seller of real estate or a lessee or lessor of real estate where the lease is for a longer period than one year, for compensation or a commission. (5) An agreement that by its terms is not to be performed during the lifetime of the promisor. (6) An agreement by a purchaser of real property to pay an indebtedness secured by a mortgage or deed of trust upon the property purchased, unless assumption of the indebtedness by the purchaser is specifically provided for in the conveyance of the property. (7) A contract, promise, undertaking, or commitment to loan money or to grant or extend credit, in an amount greater than one hundred thousand dollars ($100,000), not primarily for personal, family, or household purposes, made by a person engaged in the business of lending or arranging for the lending of money or extending credit. For purposes of this section, a contract, promise, undertaking, or commitment to loan money secured solely by residential property consisting of one to four dwelling units shall be deemed to be for personal, family, or household purposes. (b) Notwithstanding paragraph (1) of subdivision (a): (1) An agreement or contract that is valid in other respects and is otherwise enforceable is not invalid for lack of a note, memorandum, or other writing and is enforceable by way of action or defense, provided that the agreement or contract is a qualified financial contract as defined in paragraph (2) and one of the following apply: (A) There is, as provided in paragraph (3), sufficient evidence to indicate that a contract has been made. (B) 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 reached agreement (by telephone, by exchange of electronic messages, or otherwise) on those terms. (2) For purposes of this subdivision, a “qualified financial contract” means an agreement as to which each party thereto is other than a natural person and that is any of the following: (A) For the purchase and sale of foreign exchange, foreign currency, bullion, coin, or precious metals on a forward, spot, next-day value or other basis. (B) A contract (other than a contract for the purchase of a commodity for future delivery on, or subject to the rules of, a contract market or board of trade) for the purchase, sale, or transfer of any commodity or any similar good, article, service, right, or interest that is presently or in the future becomes the subject of a dealing in the forward contract trade, or any product or byproduct thereof, with a maturity date more than two days after the date the contract is entered into. (C) For the purchase and sale of currency, or interbank deposits denominated in United States dollars. (D) For a currency option, currency swap, or cross-currency rate swap. (E) For a commodity swap or a commodity option (other than an option contract traded on, or subject to the rules of, a contract market or board of trade). (F) For a rate swap, basis swap, forward rate transaction, or an interest rate option. (G) For a security-index swap or option, or a security or securities price swap or option. (H) An agreement that involves any other similar transaction relating to a price or index (including, without limitation, any transaction or agreement involving any combination of the foregoing, any cap, floor, collar, or similar transaction with respect to a rate, commodity price, commodity index, security or securities price, security index, other price index, or loan price). (I) An option with respect to any of the foregoing. (3) There is sufficient evidence that a contract has been made in any of the following circumstances: (A) There is evidence of an electronic communication (including, without limitation, the recording of a telephone call or the tangible written text produced by computer retrieval), admissible in evidence under the laws of this state, sufficient to indicate that in the communication a contract was made between the parties. (B) A confirmation in writing sufficient to indicate that a contract has been made between the parties and sufficient against the sender is received by the party against whom enforcement is sought no later than the fifth business day after the contract is made (or any other period of time that the parties may agree in writing) and the sender does not receive, on or before the third business day after receipt (or the other period of time that the parties may agree in writing), written objection to a material term of the confirmation. For purposes of this subparagraph, a confirmation or an objection thereto is received at the time there has been an actual receipt by an individual responsible for the transaction or, if earlier, at the time there has been constructive receipt, which is the time actual receipt by that individual would have occurred if the receiving party, as an organization, had exercised reasonable diligence. For the purposes of this subparagraph, a “business day” is a day on which both parties are open and transacting business of the kind involved in that qualified financial contract that is the subject of confirmation. (C) The party against whom enforcement is sought admits in its pleading, testimony, or otherwise in court that a contract was made. (D) There is a note, memorandum, or other writing sufficient to indicate that a contract has been made, signed by the party against whom enforcement is sought or by its authorized agent or broker. For purposes of this paragraph, evidence of an electronic communication indicating the making in that communication of a contract, or a confirmation, admission, note, memorandum, or writing is not insufficient because it omits or incorrectly states one or more material terms agreed upon, as long as the evidence provides a reasonable basis for concluding that a contract was made. (4) For purposes of this subdivision, the tangible written text produced by telex, telefacsimile, computer retrieval, or other process by which electronic signals are transmitted by telephone or otherwise shall constitute a writing, and any symbol executed or adopted by a party with the present intention to authenticate a writing shall constitute a signing. The confirmation and notice of objection referred to in subparagraph (B) of paragraph (3) may be communicated by means of telex, telefacsimile, computer, or other similar process by which electronic signals are transmitted by telephone or otherwise, provided that a party claiming to have communicated in that manner shall, unless the parties have otherwise agreed in writing, have the burden of establishing actual or constructive receipt by the other party as set forth in subparagraph (B) of paragraph (3). (c) This section does not apply to leases subject to Division 10 (commencing with Section 10101) of the Commercial Code. (d) An electronic message of an ephemeral nature that is not designed to be retained or to create a permanent record, including, but not limited to, a text message or instant message format communication, is insufficient under this title to constitute a contract to convey real property, in the absence of a written confirmation that conforms to the requirements of subparagraph (B) of paragraph (3) of subdivision (b). (Amended by Stats. 2014, Ch. 107, Sec. 2. (AB 2136) Effective January 1, 2015.)
  124. 1624.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

    Verify source ↗

    A sale of personal property over $5,000 generally is not enforceable unless there is a qualifying record signed by the party to be charged or that party’s agent, subject to stated exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 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.)
  125. 1625.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

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    When a contract is executed in writing, the written contract overrides earlier or concurrent negotiations or stipulations about the same matter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 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.)
  126. 1626.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

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    A written contract takes effect when it is delivered to the party it benefits, or to that party’s agent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1626. A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to his agent. (Enacted 1872.)
  127. 1627.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

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    The rules on delivery of grants in the Chapter on Transfers in General apply to all written contracts.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1627. The provisions of the Chapter on Transfers in General, concerning the delivery of grants, absolute and conditional, apply to all written contracts. (Enacted 1872.)
  128. 1628.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

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    A corporate or official seal may be affixed to an instrument by making a mere impression on the paper or other material where the instrument is written.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1628. A corporate or official seal may be affixed to an instrument by a mere impression upon the paper or other material on which such instrument is written. (Enacted 1872.)
  129. 1629.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

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    The law abolishes all distinctions between sealed and unsealed instruments.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1629. All distinctions between sealed and unsealed instruments are abolished. (Enacted 1872.)
  130. 1630.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

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    Printed parking or storage bailment contracts for motor vehicles are not binding unless they meet specific notice and formatting requirements, and a posted large-type copy is required.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 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.)
  131. 1630.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

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    A bailee cannot use a parking or storage bailment contract to avoid liability for theft of a motor vehicle in the stated circumstances.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 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.)
  132. 1631.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

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    Sellers of machinery used for mining must give the buyer a bill of sale at the time of sale, and both seller and in-state buyer must keep records of the transaction.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 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.)
  133. 1632.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

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    Some businesses that negotiate mostly in Spanish, Chinese, Tagalog, Vietnamese, or Korean must give the other party a translation of the contract before it is signed, and post or provide required notices in some covered deals.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1632. (a) The Legislature hereby finds and declares all of the following: (1) This section was enacted in 1976 to increase consumer information and protections for the state’s sizeable and growing Spanish-speaking population. (2) Since 1976, the state’s population has become increasingly diverse and the number of Californians who speak languages other than English as their primary language at home has increased dramatically. (3) According to data from the American Community Survey, which has replaced the decennial census for detailed socioeconomic information about United States residents, approximately 15.2 million Californians speak a language other than English at home, based on data from combined years 2009 through 2011. This compares to approximately 19.6 million people who speak only English at home. Among the Californians who speak a language other than English at home, approximately 8.4 million speak English very well, and another 3 million speak English well. The remaining 3.8 million Californians surveyed do not speak English well or do not speak English at all. Among this group, the five languages other than English that are most widely spoken at home are Spanish, Chinese, Tagalog, Vietnamese, and Korean. These five languages are spoken at home by approximately 3.5 million of the 3.8 million Californians with limited or no English proficiency, who speak a language other than English at home. (b) A person engaged in a trade or business who negotiates primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, orally or in writing, in the course of entering into any of the following, shall deliver to the other party to the contract or agreement, and any other person who will be signing the contract or agreement, and before the execution thereof, a translation of the contract or agreement in the language in which the contract or agreement was negotiated, that includes a translation of every term and condition in that contract or agreement: (1) A contract or agreement subject to the provisions of Title 2 (commencing with Section 1801) of, and Chapter 2b (commencing with Section 2981) and Chapter 2d (commencing with Section 2985.7) of Title 14 of, Part 4 of Division 3. (2) A loan or extension of credit secured other than by real property, or unsecured, for use primarily for personal, family, or household purposes. (3) A lease, sublease, rental contract or agreement, or other term of tenancy contract or agreement, for a period of longer than one month, covering a dwelling, an apartment, or mobilehome, or other dwelling unit normally occupied as a residence. (4) Notwithstanding paragraph (2), a loan or extension of credit for use primarily for personal, family, or household purposes in which the loan or extension of credit is subject to the provisions of Article 7 (commencing with Section 10240) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code, or Division 7 (commencing with Section 18000), or Division 9 (commencing with Section 22000) of the Financial Code. (5) Notwithstanding paragraph (2), a reverse mortgage as described in Chapter 8 (commencing with Section 1923) of Title 4 of Part 4 of Division 3. (6) A contract or agreement, containing a statement of fees or charges, entered into for the purpose of obtaining legal services, when the person who is engaged in business is currently licensed to practice law pursuant to Chapter 4 (commencing with Section 6000) of Division 3 of the Business and Professions Code. (7) A foreclosure consulting contract subject to Article 1.5 (commencing with Section 2945) of Chapter 2 of Title 14 of Part 4 of Division 3. (8) A lease, sublease, rental contract or agreement, or other term of tenancy contract or agreement covering a nonresidential-zoned commercial space entered into between a landlord and a qualified commercial tenant, on or after January 1, 2025. (c) Notwithstanding subdivision (b), for a loan subject to this part and to Article 7 (commencing with Section 10240) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code, the delivery of a translation of the statement to the borrower required by Section 10240 of the Business and Professions Code in any of the languages specified in subdivision (b) in which the contract or agreement was negotiated, is in compliance with subdivision (b). (d) At the time and place where a lease, sublease, or rental contract or agreement described in subdivision (b) is executed, notice in any of the languages specified in subdivision (b) in which the contract or agreement was negotiated shall be provided to the lessee or tenant. (e) Provision by a supervised financial organization of a translation of the disclosures required by Regulation M or Regulation Z, and, if applicable, Division 7 (commencing with Section 18000) or Division 9 (commencing with Section 22000) of the Financial Code in any of the languages specified in subdivision (b) in which the contract or agreement was negotiated, before the execution of the contract or agreement, shall also be deemed in compliance with the requirements of subdivision (b) with regard to the original contract or agreement. (1) “Regulation M” and “Regulation Z” mean any rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System and any interpretation or approval issued by an official or employee duly authorized by the board to issue interpretations or approvals dealing with, respectively, consumer leasing or consumer lending, pursuant to the Federal Truth in Lending Act, as amended (15 U.S.C. Sec. 1601 et seq.). (2) As used in this section, “supervised financial organization” means a bank, savings association as defined in Section 5102 of the Financial Code, credit union, or holding company, affiliate, or subsidiary thereof, or a person subject to Article 7 (commencing with Section 10240) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code, or Division 7 (commencing with Section 18000) or Division 9 (commencing with Section 22000) of the Financial Code. (f) At the time and place where a contract or agreement described in paragraph (1) or (2) of subdivision (b) is executed, a notice in any of the languages specified in subdivision (b) in which the contract or agreement was negotiated shall be conspicuously displayed to the effect that the person described in subdivision (b) is required to provide a contract or agreement in the language in which the contract or agreement was negotiated, or a translation of the disclosures required by law in the language in which the contract or agreement was negotiated, as the case may be. If a person described in subdivision (b) does business at more than one location or branch, the requirements of this section shall apply only with respect to the location or branch at which the language in which the contract or agreement was negotiated is used. (g) (1) The term “contract” or “agreement,” as used in this section, means the document creating the rights and obligations of the parties and includes any subsequent document making substantial changes in the rights and obligations of the parties. The term “contract” or “agreement” does not include any subsequent documents authorized or contemplated by the original document such as periodic statements, sales slips or invoices representing purchases made pursuant to a credit card agreement, a retail installment contract or account or other revolving sales or loan account, memoranda of purchases in an add-on sale, or refinancing of a purchase as provided by, or pursuant to, the original document. (2) The term “contract” or “agreement” does not include a home improvement contract as defined in Sections 7151.2 and 7159 of the Business and Professions Code, nor does it include plans, specifications, description of work to be done and materials to be used, or collateral security taken or to be taken for the retail buyer’s obligation contained in a contract for the installation of goods by a contractor licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, if the home improvement contract or installation contract is otherwise a part of a contract described in subdivision (b). (3) Matters ordinarily incorporated by reference in contracts or agreements as described in paragraph (3) of subdivision (b), including, but not limited to, rules and regulations governing a tenancy and inventories of furnishings to be provided by the person described in subdivision (b), are not included in the term “contract” or “agreement.” (h) (1) This section does not apply to a person engaged in a trade or business who negotiates primarily in a language other than English, as described by subdivision (b), if the party with whom that person is negotiating is a buyer of goods or services, or receives a loan or extension of credit, or enters an agreement obligating that party as a tenant, lessee, or sublessee, or similarly obligates the party by contract or lease, and the party negotiates the terms of the contract, lease, or other obligation through the party’s own interpreter. (2) As used in this subdivision, “the party’s own interpreter” means a person who is not a minor and who is able to speak fluently and read with full understanding both the English language and any of the languages specified in subdivision (b) in which the contract, lease, or other obligation was negotiated, and who is not employed by, or whose service is not made available through, the person engaged in the trade or business. (3) This subdivision does not apply to a contract or agreement described in paragraph (8) of subdivision (b). (i) Notwithstanding subdivision (b), a translation may retain the following elements of the executed English-language contract or agreement without translation: names and titles of individuals and other persons, addresses, brand names, trade names, trademarks, registered service marks, full or abbreviated designations of the make and model of goods or services, alphanumeric codes, numerals, dollar amounts expressed in numerals, dates, and individual words or expressions having no generally accepted non-English translation. It is permissible, but not required, that this translation be signed. (j) The terms of the contract or agreement that is executed in the English language shall determine the rights and obligations of the parties. However, the translation of the contract or the disclosures required by subdivision (e) in any of the languages specified in subdivision (b) in which the contract or agreement was negotiated shall be admissible in evidence only to show that no contract was entered into because of a substantial difference in the material terms and conditions of the contract and the translation. (k) (1) Upon a failure to comply with the provisions of this section, the person aggrieved may rescind the contract or agreement in the manner provided by this chapter. If the contract for a consumer credit sale or consumer lease that has been sold and assigned to a financial institution is rescinded pursuant to this subdivision, the consumer shall make restitution to and have restitution made by the person with whom the consumer made the contract and shall give notice of rescission to the assignee. Notwithstanding that the contract was assigned without recourse, the assignment shall be deemed rescinded, and the assignor shall promptly repurchase the contract from the assignee. (2) Notwithstanding paragraph (1), only a qualified commercial tenant may rescind a contract described in paragraph (8) of subdivision (b) pursuant to this subdivision. (l) Any waiver of a provision of this section is contrary to public policy and is void and unenforceable. (m) For the purposes of this section, the following definitions apply: (1) “Commercial real property” means all real property in this state, except dwelling units subject to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4, mobilehomes, as defined in Section 798.3, and recreational vehicles, as defined in Section 799.29. (2) “Microenterprise” has the same meaning as that term is defined in subdivision (a) of Section 18000 of the Business and Professions Code. (3) “Nonprofit organization” means any private, nonprofit organization that qualifies under Section 501(c)(3) of the United States Internal Revenue Code of 1986. (4) “Qualified commercial tenant” means a tenant of commercial real property that meets both of the following requirements: (A) The tenant is a microenterprise, a restaurant with fewer than 10 employees, or a nonprofit organization with fewer than 20 employees. (B) (i) Subject to clause (ii), the tenant has provided the landlord, within the prior 12 months, a written notice that the tenant is a qualified commercial tenant and a self-attestation regarding the number of employees, at such time the protections under this section come into place. (ii) Unless the tenancy is from week to week, month to month, or other period less than a month, the tenant provided the notice and self-attestation described in clause (i) before or upon execution of the lease, and annually thereafter, at such time the protections under this section come into place. (Amended by Stats. 2024, Ch. 1015, Sec. 2.5. (SB 1103) Effective January 1, 2025.)
  134. 1632.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

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    Certain supervised financial organizations must give translated loan forms and related updates in specified languages when negotiating or modifying residential real-property loans.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1632.5. (a) (1) A supervised financial organization that negotiates primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, whether orally or in writing, in the course of entering into a contract or agreement for a loan or extension of credit secured by residential real property, shall deliver to the other party to that contract or agreement prior to the execution of the contract or agreement the applicable form or forms described in subdivision (i) for that language. (2) A supervised financial organization that negotiates the modification of any of the terms of a loan or extension of credit secured by residential real property primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, and that offers a borrower a final loan modification in writing, shall deliver to that borrower, at the time the final loan modification offer is made, one of the forms described in paragraph (4) of subdivision (i) summarizing the modified terms of the loan in the same language as the negotiation. (b) For purposes of this section: (1) “Contract” or “agreement” has the same meaning as defined in subdivision (g) of Section 1632. (2) “Supervised financial organization” means a bank, savings association, as defined in Section 5102 of the Financial Code, credit union, or holding company, affiliate, or subsidiary thereof, or any person subject to Division 7 (commencing with Section 18000), Division 9 (commencing with Section 22000), or Division 20 (commencing with Section 50000) of the Financial Code. (c) (1) With respect to a contract or agreement for a loan or extension of credit secured by residential real property as described in subdivision (a), a supervised financial organization that complies with this section shall be deemed in compliance with Section 1632. (2) Except with respect to a loan or extension of credit described in paragraph (2) of subdivision (a), a supervised financial organization that complies with Section 1632, with respect to a contract or agreement for a loan or extension of credit secured by residential real property as described in subdivision (a), shall be deemed in compliance with this section. (d) (1) Except as provided in paragraphs (2) and (3), the supervised financial organization shall provide the Good Faith Estimate disclosure form described in paragraph (1) of subdivision (i) to the borrower no later than three business days after receipt of the written application, and if any of the loan terms summarized materially change after provision of the translated form but prior to consummation of the loan, the supervised financial organization shall provide an updated version of the translated form prior to consummation of the loan. (2) For a transaction subject to subsection (e) of Section 1026.19 of Title 12 of the Code of Federal Regulations, the supervised financial organization shall provide the Loan Estimate form described in paragraph (2) of subdivision (i) translated in the applicable language no later than three business days after receipt of the written application. If any of the summarized loan terms materially change after provision of the Loan Estimate form but prior to consummation of the loan, the supervised financial organization shall provide an updated version of the translated form prior to consummation of the loan. (3) For a transaction subject to subsection (f) of Section 1026.19 of Title 12 of the Code of Federal Regulations, the supervised financial organization shall provide the Closing Disclosure form described in paragraph (3) of subdivision (i) translated in the applicable language at least three business days prior to consummation of the loan. (e) (1) This section does not apply to a supervised financial organization that negotiates primarily in a language other than English, as described by subdivision (a), if the party with whom the supervised financial organization is negotiating, negotiates the terms of the contract through the party’s own interpreter. (2) For purposes of this subdivision, “the party’s own interpreter” means a person, not a minor, who is able to speak fluently and read with full understanding both the English language and one of the languages specified in subdivision (a) that is the language in which the contract was negotiated, who is not employed by, and whose services are not made available through, the person engaged in the trade or business. (f) Notwithstanding subdivision (a), a translated form may retain any of the following elements of the executed English language contract or agreement without translation: (1) Names and titles of individuals and other persons. (2) Addresses, brand names, trade names, trademarks, or registered service marks. (3) Full or abbreviated designations of the make and model of goods or services. (4) Alphanumeric codes. (5) Individual words or expressions having no generally accepted non-English translation. (g) The terms of the contract or agreement that is executed in the English language shall determine the rights and obligations of the parties. However, the translation of the forms described in subdivision (i) and required by subdivision (a) shall be admissible in evidence only to show that no contract or agreement was entered into because of a substantial difference in the material terms and conditions of the contract or agreement and the prior translated forms provided to the borrower. (h) (1) A licensing agency may, by order, after appropriate notice and opportunity for hearing, levy administrative penalties against a supervised financial organization that violates any provision of this section, and the supervised financial organization may be liable for administrative penalties, up to the amounts of two thousand five hundred dollars ($2,500) for the first violation, five thousand dollars ($5,000) for the second violation, and ten thousand dollars ($10,000) for each subsequent violation. Except for licensing agencies exempt from the provisions of the Administrative Procedure Act, any hearing shall be held in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and the licensing agency shall have all the powers granted under that act. (2) A licensing agency may exercise any and all authority and powers available to it under any other provisions of law to administer and enforce this section, including, but not limited to, investigating and examining the licensed person’s books and records, and charging and collecting the reasonable costs for these activities. The licensing agency shall not charge a licensed person twice for the same service. Any civil, criminal, and administrative authority and remedies available to the licensing agency pursuant to its licensing law may be sought and employed in any combination deemed advisable by the licensing agency to enforce the provisions of this section. (3) Any supervised financial organization that violates this section shall be deemed to have violated its licensing law. (4) This section shall not be construed to impair or impede the Attorney General from bringing an action to enforce this division. (i) The Department of Financial Protection and Innovation shall make available each of the following forms based on existing forms in each of the languages set forth in subdivision (a) for use by a supervised financial organization to summarize the terms of a mortgage loan pursuant to subdivision (a). In making available the forms, the Department of Financial Protection and Innovation may use as guidance the following existing forms: (1) The Good Faith Estimate disclosure form from the United States Department of Housing and Urban Development. (2) The Loan Estimate form from the Consumer Financial Protection Bureau. (3) The Closing Disclosure form from the Consumer Financial Protection Bureau. (4) The Agreement for Modification, Re-Amortization, or Extension of a Mortgage (Form 181), the Loan Modification Agreement (Providing for Fixed Interest Rate) (Form 3179), and the Loan Modification Agreement (Providing for Adjustable Interest Rate) (Form 3161) from the Federal National Mortgage Association. (j) This section does not apply to federally chartered banks, credit unions, savings banks, or thrifts. (k) Except as otherwise provided in subdivision (h), this section shall not be construed to create or enhance any claim, right of action, or civil liability that did not previously exist under state law, or limit any claim, right of action, or civil liability that otherwise exists under state law. (l) An action against a supervised financial organization for a violation of this section may only be brought by a licensing agency or by the Attorney General. (Amended by Stats. 2022, Ch. 452, Sec. 18. (SB 1498) Effective January 1, 2023. Section conditionally operative as provided in Stats. 2018, Ch. 356, Sec. 3.)
  135. 1633.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. )

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    An electronically transmitted brokerage application with the customer’s electronic or digital signature is treated as a valid, enforceable written contract when the broker-dealer accepts it, unless ordinary contract-invalidity grounds apply.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2. MANNER OF CREATING CONTRACTS [1619 - 1633] ( Title 2 enacted 1872. ) ## 1633. (a) Notwithstanding any other provision of law, an application by a prospective customer to enter into a brokerage agreement with a broker-dealer, which application is transmitted electronically and is accompanied by the prospective customer’s electronic signature or digital signature as described in subdivisions (d), (e), (f), and (g), shall be deemed, upon acceptance by the broker-dealer, to be a fully executed, valid, enforceable, and irrevocable written contract, unless grounds exist which would render any other contract invalid, unenforceable, or revocable. (b) Nothing in this section abrogates or limits any existing law that would otherwise apply to contracts governed by this section, or any theory of liability or any remedy otherwise available at law. (c) “Broker-dealer,” for purposes of this section, means any broker-dealer licensed pursuant to Part 3 (commencing with Section 25200) of Division 1 of Title 4 of the Corporations Code or exempted from licensing pursuant thereto. (d) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (e) “Electronic record” means a record created, generated, sent, communicated, received, or stored electronically. (f) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. (g) “Digital signature,” for the purposes of this section, means an electronic identifier, created by a computer, that is intended by the party using it to have the same force and effect as the use of a manual signature. The use of a digital signature shall have the same force or effect as a manual signature if it embodies all of the following attributes: (1) It is unique to the person using it. (2) It is capable of verification. (3) It is under the sole control of the person using it. (4) It is linked to data in a manner that if the data is changed, the digital signature is invalidated. (h) The use of an electronic signature or digital signature shall have the same force or effect as a manual signature. (i) The application that is transmitted electronically pursuant to subdivision (a) shall comply with all applicable federal and state securities laws and regulations relating to disclosures to prospective customers. Unless those laws and regulations currently require disclosures to be displayed or printed in bold, to be of specific type or print size, and to be placed prominently at specified locations within the application, the disclosures shall be displayed prominently and printed in capital letters, in bold type and displayed or printed immediately above the signature line. Disclosures shall be written in plain English. The full text of the disclosures shall be contained in the application as required by this subdivision. (j) Whenever a disclosure to a prospective customer is required under federal or state law or regulation to be confirmed as having been made, the application that is transmitted electronically pursuant to subdivision (a) shall provide a means by which the prospective customer shall confirm that he or she has read the disclosure. (Added by Stats. 1999, Ch. 213, Sec. 1. Effective July 28, 1999.)
  136. 1633.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    This section says Title 2.5 may be cited as the Uniform Electronic Transactions Act.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 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.)
  137. 1633.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    This section lets a party avoid the effect of an electronic record in certain error cases, and it also stops paragraphs (2) and (3) from being changed by agreement.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 1633.10. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record. (2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, all of the following conditions are met: (i) The individual promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person. (ii) The individual takes reasonable steps, including steps that conform to the other person’s reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record. (iii)The individual has not used or received any benefit or value from the consideration, if any, received from the other person. (3) If neither paragraph (1) nor (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any. (4) Paragraphs (2) and (3) may not be varied by agreement. (Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
  138. 1633.11.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    An electronic signature can satisfy notarization or penalty-of-perjury signature requirements if the electronic record includes the required notarization or perjury declaration information.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 1633.11. (a) If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law. (b) In a transaction, if a law requires that a statement be signed under penalty of perjury, the requirement is satisfied with respect to an electronic signature, if an electronic record includes, in addition to the electronic signature, all of the information as to which the declaration pertains together with a declaration under penalty of perjury by the person who submits the electronic signature that the information is true and correct. (Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
  139. 1633.12.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    An electronic record can satisfy a legal record-retention requirement if it accurately reflects the original information and stays accessible.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 1633.12. (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record, if the electronic record reflects accurately the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise, and the electronic record remains accessible for later reference. (b) A requirement to retain a record in accordance with subdivision (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. (c) A person may satisfy subdivision (a) by using the services of another person if the requirements of subdivision (a) are satisfied. (d) If a law requires a record to be retained in its original form, or provides consequences if the record is not retained in its original form, that law is satisfied by an electronic record retained in accordance with subdivision (a). (e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subdivision (a). (f) A record retained as an electronic record in accordance with subdivision (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this title specifically prohibits the use of an electronic record for a specified purpose. (g) This section does not preclude a governmental agency from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction. (Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
  140. 1633.13.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    In a proceeding, evidence of a record or signature cannot be excluded just because it is electronic.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 1633.13. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. (Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
  141. 1633.14.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    In an automated transaction, a contract may be formed through electronic agents, including interactions with a person, even if no one reviewed the agents’ actions or the resulting terms.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 1633.14. (a) In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements. (2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual’s own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance. (b) The terms of the contract are determined by the substantive law applicable to it. (Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
  142. 1633.15.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    This section says when an electronic record counts as sent, received, and deemed delivered for legal purposes.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 1633.15. (a) Unless the sender and the recipient agree to a different method of sending that is reasonable under the circumstances, an electronic record is sent when the information is addressed properly or otherwise directed properly to the recipient and either (1) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender, or (2) enters a region of an information processing system that is under the control of the recipient. (b) Unless the sender and the recipient agree to a different method of receiving that is reasonable under the circumstances, an electronic record is received when the electronic record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record. (c) Subdivision (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subdivision (d). (d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business or, if the recipient is an individual acting on his or her own behalf, at the recipient’s place of residence. For purposes of this subdivision, the following rules apply: (1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction. (2) If the sender or the recipient does not have a place of business, the place of business is the sender’s or recipient’s residence, as the case may be. (e) An electronic record is received under subdivision (b) even if no individual is aware of its receipt. (f) Receipt of an electronic acknowledgment from an information processing system described in subdivision (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received. (g) If a person is aware that an electronic record purportedly sent under subdivision (a), or purportedly received under subdivision (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, this subdivision may not be varied by agreement. (Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
  143. 1633.16.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    If another law requires a notice of the right to cancel, an electronic record cannot replace the required writing unless the other-law and this-title requirements are met and the cancellation notice can be returned electronically.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 1633.16. If a law other than this title requires that a notice of the right to cancel be provided or sent, an electronic record may not substitute for a writing under that other law unless, in addition to satisfying the requirements of that other law and this title, the notice of cancellation may be returned by electronic means. This section may not be varied by agreement. (Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
  144. 1633.17.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    State agencies, boards, and commissions may not require, prohibit, or regulate electronic signatures in transactions where they are not a party unless another law expressly authorizes it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 1633.17. No state agency, board, or commission may require, prohibit, or regulate the use of an electronic signature in a transaction in which the agency, board, or commission is not a party unless a law other than this title expressly authorizes the requirement, prohibition, or regulation. (Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
  145. 1633.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    This section defines key terms used in the electronic transactions title.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 1633.2. In this title the following terms have the following definitions: (a) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. (b) “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. (c) “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. (d) “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this title and other applicable law. (e) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (f) “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review by an individual. (g) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means. (h) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. For purposes of this title, a “digital signature” as defined in subdivision (d) of Section 16.5 of the Government Code is a type of electronic signature. (i) “Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. (j) “Information” means data, text, images, sounds, codes, computer programs, software, databases, or the like. (k) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. (l) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. (m) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (n) “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. (o) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. (Amended by Stats. 2016, Ch. 144, Sec. 2. (AB 2296) Effective January 1, 2017.)
  146. 1633.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    This title generally applies to electronic records and electronic signatures for transactions, but it excludes specified kinds of transactions and notices.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 1633.3. (a) Except as otherwise provided in subdivisions (b) and (c), this title applies to electronic records and electronic signatures relating to a transaction. (b) This title does not apply to transactions subject to any of the following laws: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts. (2) Division 1 (commencing with Section 1101) of the Uniform Commercial Code, except Sections 1206 and 1306. (3) Divisions 3 (commencing with Section 3101), 4 (commencing with Section 4101), 5 (commencing with Section 5101), 8 (commencing with Section 8101), 9 (commencing with Section 9101), and 11 (commencing with Section 11101) of the Uniform Commercial Code. (4) A law that requires that specifically identifiable text or disclosures in a record or a portion of a record be separately signed, including initialed, from the record. However, this paragraph does not apply to Section 1677 or 1678 of this code or Section 1298 of the Code of Civil Procedure. (c) This title does not apply to any specific transaction described in Section 17511.5 of the Business and Professions Code, Section 798.14, 1133, or 1134 of, Section 1689.6, 1689.7, or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14, 1789.16, or 1793.23 of, Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5, 1917.712, 1917.713, 1950.6, 1983, 2924b, 2924c, 2924f, 2924i, 2924j, 2924.3, or 2937 of, Article 1.5 (commencing with Section 2945) of Chapter 2 of Title 14 of Part 4 of Division 3 of, Section 2954.5 or 2963 of, Chapter 2b (commencing with Section 2981) or 2d (commencing with Section 2985.7) of Title 14 of Part 4 of Division 3 of, Section 3071.5 of, Part 5 (commencing with Section 4000) of Division 4 of, or Part 5.3 (commencing with Section 6500) of Division 4 of, this code, subdivision (b) of Section 18608 or Section 22328 of the Financial Code, Section 1358.15, 1365, 1368.01, 1368.1, 1371, or 18035.5 of the Health and Safety Code, Section 786 as it applies to individual and group disability policies, 10199.44, 10199.46, 10235.16, 10235.40, 11624.09, or 11624.1 of the Insurance Code, Section 779.1, 10010.1, or 16482 of the Public Utilities Code, or Section 9975 or 11738 of the Vehicle Code. An electronic record may not be substituted for any notice that is required to be sent pursuant to Section 1162 of the Code of Civil Procedure. This subdivision does not prohibit the recordation of any document with a county recorder by electronic means. (d) This title applies to an electronic record or electronic signature otherwise excluded from the application of this title under subdivision (b) when used for a transaction subject to a law other than those specified in subdivision (b). (e) A transaction subject to this title is also subject to other applicable substantive law. (f) The exclusion of a transaction from the application of this title under subdivision (b) or (c) shall be construed only to exclude the transaction from the application of this title, but shall not be construed to prohibit the transaction from being conducted by electronic means if the transaction may be conducted by electronic means under any other applicable law. (g) Notwithstanding subdivisions (b) and (c), this title shall apply to electronic records and electronic signatures relating to transactions conducted by a person licensed, certified, or registered pursuant to the Alarm Company Act (Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code) for purposes of activities authorized by Section 7599.54 of the Business and Professions Code. (Amended by Stats. 2023, Ch. 374, Sec. 5. (AB 1697) Effective January 1, 2024.)
  147. 1633.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    This title applies to electronic records and electronic signatures created, sent, received, or stored on or after January 1, 2000.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 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.)
  148. 1633.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    This section limits when electronic-transaction rules apply, and lets certain parties refuse to continue using electronic means in later transactions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 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.)
  149. 1633.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    This title must be interpreted to support electronic transactions, stay consistent with other applicable law and reasonable practices, and promote uniformity among states.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 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.)
  150. 1633.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    Electronic records and signatures cannot be denied legal effect just because they are electronic; they can also satisfy writing and signature requirements.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 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.)
  151. 1633.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    If parties agree to use electronic means, a writing requirement can be satisfied by an electronic record that the recipient can retain. The section also sets rules for posted, sent, and formatted records, and limits when the rule can be changed by agreement.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 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.)
  152. 1633.9.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. )

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    An electronic record or electronic signature is attributable to a person if it was that person's act, and its effect is determined from the surrounding context and circumstances.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 2.5. ELECTRONIC TRANSACTIONS [1633.1 - 1633.17] ( Title 2.5 added by Stats. 1999, Ch. 428, Sec. 1. ) ## 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.)
  153. 1635.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    Contracts, public or private, must be interpreted by the same rules unless this Code provides otherwise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1635. All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this Code. (Enacted 1872.)
  154. 1636.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    A contract must be interpreted to give effect to the parties’ mutual intention at the time of contracting, as far as that intention can be ascertained and is lawful.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1636. A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. (Enacted 1872.)
  155. 1637.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    If a contract’s meaning is otherwise doubtful, the rules in this Chapter are to be used to determine the parties’ intention.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1637. For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this Chapter are to be applied. (Enacted 1872.)
  156. 1638.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    A clear and explicit contract term controls how the contract is interpreted, unless that reading would be absurd.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1638. The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity. (Enacted 1872.)
  157. 1639.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    If a contract is in writing, the parties’ intent should be determined from the writing alone if possible, subject to other provisions of this Title.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1639. When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to the other provisions of this Title. (Enacted 1872.)
  158. 1640.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    If fraud, mistake, or accident causes a written contract to misstate the parties’ real intention, that real intention controls and the incorrect wording is disregarded.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1640. When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded. (Enacted 1872.)
  159. 1641.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    A contract should be read as a whole, giving effect to each part if reasonably practicable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1641. The whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other. (Enacted 1872.)
  160. 1642.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

    Verify source ↗

    Several contracts about the same matters, between the same parties, and forming part of substantially one transaction must be taken together.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1642. Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together. (Enacted 1872.)
  161. 1643.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    A contract should be interpreted, if possible, so it is lawful, workable, definite, reasonable, and capable of being carried out, without violating the parties’ intention.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1643. A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of the parties. (Enacted 1872.)
  162. 1644.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

    Verify source ↗

    Contract words are read in their ordinary and popular sense unless the parties used them technically or usage gives them a special meaning.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1644. The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter must be followed. (Enacted 1872.)
  163. 1645.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    Technical words are interpreted according to their usual meaning in the relevant profession or business, unless they are clearly used differently.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1645. Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense. (Enacted 1872.)
  164. 1646.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    A contract should be interpreted using the law and custom of the place where it will be performed, or, if no performance place is stated, the place where it was made.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1646. A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made. (Enacted 1872.)
  165. 1646.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    Parties to a qualifying contract may choose California law to govern their rights and duties if the transaction is at least $250,000, subject to stated exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1646.5. Notwithstanding Section 1646, the parties to any contract, agreement, or undertaking, contingent or otherwise, relating to a transaction involving in the aggregate not less than two hundred fifty thousand dollars ($250,000), including a transaction otherwise covered by subdivision (a) of Section 1301 of the Commercial Code, may agree that the law of this state shall govern their rights and duties in whole or in part, whether or not the contract, agreement, or undertaking or transaction bears a reasonable relation to this state. This section does not apply to any contract, agreement, or undertaking (a) for labor or personal services, (b) relating to any transaction primarily for personal, family, or household purposes, or (c) to the extent provided to the contrary in subdivision (c) of Section 1301 of the Commercial Code. This section applies to contracts, agreements, and undertakings entered into before, on, or after its effective date; it shall be fully retroactive. Contracts, agreements, and undertakings selecting California law entered into before the effective date of this section shall be valid, enforceable, and effective as if this section had been in effect on the date they were entered into; and actions and proceedings commencing in a court of this state before the effective date of this section may be maintained as if this section were in effect on the date they were commenced. (Amended by Stats. 2006, Ch. 254, Sec. 1.5. Effective January 1, 2007.)
  166. 1647.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    A contract may be interpreted by looking at the circumstances when it was made and the matter it relates to.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1647. A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates. (Enacted 1872.)
  167. 1648.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

    Verify source ↗

    A contract’s broad wording reaches only the matters the parties intended to include.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1648. However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract. (Enacted 1872.)
  168. 1649.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    If a promise is ambiguous or uncertain, it must be interpreted according to the promisor’s understanding of what the promisee understood when the promise was made.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1649. If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it. (Enacted 1872.)
  169. 1650.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    Particular clauses of a contract must be read as subordinate to the contract’s general intent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1650. Particular clauses of a contract are subordinate to its general intent. (Enacted 1872.)
  170. 1651.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    If a contract contains both written and printed language, the written or specially prepared original parts control the printed or form-based parts.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1651. Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts, and the parts which are purely original control those which are copied from a form. And if the two are absolutely repugnant, the latter must be so far disregarded. (Enacted 1872.)
  171. 1652.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

    Verify source ↗

    If a contract contains repugnant clauses, they should be reconciled by an interpretation that gives effect to those clauses when possible.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1652. Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract. (Enacted 1872.)
  172. 1653.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    Words in a contract that are wholly inconsistent with the contract’s nature or the parties’ main intention must be rejected.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1653. Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties, are to be rejected. (Enacted 1872.)
  173. 1654.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    If contract language remains uncertain after the preceding rules, it is interpreted most strongly against the party who caused the uncertainty.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1654. In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist. (Amended by Stats. 1982, Ch. 1120, Sec. 1.)
  174. 1655.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    Contract terms needed to make a contract reasonable or consistent with usage are implied unless the contract shows a contrary intention.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1655. Stipulations which are necessary to make a contract reasonable, or conformable to usage, are implied, in respect to matters concerning which the contract manifests no contrary intention. (Enacted 1872.)
  175. 1656.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    Contract terms that are incidental or necessary to carry out the contract are implied unless the contract expressly mentions some of them.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1656. All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them are expressly mentioned therein, when all other things of the same class are deemed to be excluded. (Enacted 1872.)
  176. 1656.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    This section says a retailer’s ability to add sales tax reimbursement depends on the sales agreement, and it requires use of board-provided or board-approved schedules when reimbursement is added.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1656.1. (a) Whether a retailer may add sales tax reimbursement to the sales price of the tangible personal property sold at retail to a purchaser depends solely upon the terms of the agreement of sale. It shall be presumed that the parties agreed to the addition of sales tax reimbursement to the sales price of tangible personal property sold at retail to a purchaser if: (1) The agreement of sale expressly provides for such addition of sales tax reimbursement; (2) Sales tax reimbursement is shown on the sales check or other proof of sale; or (3) The retailer posts in his or her premises in a location visible to purchasers, or includes on a price tag or in an advertisement or other printed material directed to purchasers, a notice to the effect that reimbursement for sales tax will be added to the sales price of all items or certain items, whichever is applicable. (b) It shall be presumed that the property, the gross receipts from the sale of which is subject to the sales tax, is sold at a price which includes tax reimbursement if the retailer posts in his or her premises, or includes on a price tag or in an advertisement (whichever is applicable) one of the following notices: (1) “All prices of taxable items include sales tax reimbursement computed to the nearest mill.” (2) “The price of this item includes sales tax reimbursement computed to the nearest mill.” (c) (1) The State Board of Equalization shall prepare and make available for inspection and duplication or reproduction a sales tax reimbursement schedule which shall be identical with the following tables up to the amounts specified therein: 43/4 percent Price _____ Tax .01– .10 ........................ .00 .11– .31 ........................ .01 .32– .52 ........................ .02 .53– .73 ........................ .03 .74– .94 ........................ .04 .95–1.15 ........................ .05 5 percent Price _____ Tax .01– .09 ........................ .00 .10– .29 ........................ .01 .30– .49 ........................ .02 .50– .69 ........................ .03 .70– .89 ........................ .04 .90–1.09 ........................ .05 51/4 percent Price _____ Tax .01– .09 ........................ .00 .10– .28 ........................ .01 .29– .47 ........................ .02 .48– .66 ........................ .03 .67– .85 ........................ .04 .86–1.04 ........................ .05 51/2 percent Price _____ Tax .01– .09 ........................ .00 .10– .27 ........................ .01 .28– .45 ........................ .02 .46– .63 ........................ .03 .64– .81 ........................ .04 .82– .99 ........................ .05 1.00–1.18 ........................ .06 53/4 percent Price _____ Tax .01– .08 ........................ .00 .09– .26 ........................ .01 .27– .43 ........................ .02 .44– .60 ........................ .03 .61– .78 ........................ .04 .79– .95 ........................ .05 .96–1.13 ........................ .06 6 percent Price _____ Tax .01– .08 ........................ .00 .09– .24 ........................ .01 .25– .41 ........................ .02 .42– .58 ........................ .03 .59– .74 ........................ .04 .75– .91 ........................ .05 .92–1.08 ........................ .06 61/4 percent Price _____ Tax .01– .07 ........................ .00 .08– .23 ........................ .01 .24– .39 ........................ .02 .40– .55 ........................ .03 .56– .71 ........................ .04 .72– .87 ........................ .05 .88–1.03 ........................ .06 61/2 percent Price _____ Tax .01– .07 ........................ .00 .08– .23 ........................ .01 .24– .38 ........................ .02 .39– .53 ........................ .03 .54– .69 ........................ .04 .70– .84 ........................ .05 .85– .99 ........................ .06 1.00–1.15 ........................ .07 63/4 percent Price _____ Tax .01– .07 ........................ .00 .08– .22 ........................ .01 .23– .3 7 ........................ .02 .38– .5 1 ........................ .03 .52– .66 ........................ .04 .67– .81 ........................ .05 .82– .96 ........................ .06 .97–1.11 ........................ .07 7 percent Price _____ Tax .01– .07 ........................ .00 .08– .21 ........................ .01 .22– .35 ........................ .02 .36– .49 ........................ .03 .50– .64 ........................ .04 .65– .78 ........................ .05 .79– .92 ........................ .06 .93–1.07 ........................ .07 71/4 percent Price _____ Tax .01– .06 ........................ .00 .07– .20 ........................ .01 .21– .34 ........................ .02 .35– .48 ........................ .03 .49– .62 ........................ .04 .63– .75 ........................ .05 .76– .89 ........................ .06 .90–1.03 ........................ .07 71/2 percent Price _____ Tax .01– .06 ........................ .00 .07– .19 ........................ .01 .20– .33 ........................ .02 .34– .46 ........................ .03 .47– .59 ........................ .04 .60– .73 ........................ .05 .74– .86 ........................ .06 .87– .99 ........................ .07 1.00–1.13 ........................ .08 (2) Reimbursement on sales prices in excess of those shown in the schedules may be computed by applying the applicable tax rate to the sales price, rounded off to the nearest cent by eliminating any fraction less than one-half cent and increasing any fraction of one-half cent or over to the next higher cent. (3) If sales tax reimbursement is added to the sales price of tangible personal property sold at retail, the retailer shall use a schedule provided by the board, or a schedule approved by the board. (d) The presumptions created by this section are rebuttable presumptions. (Amended by Stats. 1990, Ch. 1528, Sec. 1.)
  177. 1656.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    A qualified heavy equipment renter may add estimated personal property tax reimbursement only if the rental agreement allows it and the reimbursement is separately stated and charged; the amount cannot exceed 0.75% of the rental price.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1656.5. (a) Whether a qualified heavy equipment renter may add estimated personal property tax reimbursement to the rental price of heavy equipment property to a lessee depends solely upon the terms of the rental agreement. It shall be presumed that the parties agreed to the addition of estimated personal property tax reimbursement to the rental price of heavy equipment property to a lessee if all of the following conditions occur: (1) The rental agreement expressly provides for the addition of estimated personal property tax reimbursement. (2) Estimated personal property tax reimbursement is separately stated and charged on the rental agreement. (3) The estimated personal property tax reimbursement amount shall not exceed 0.75 percent of the rental price of the heavy equipment property. (b) The presumptions created by this section are rebuttable presumptions. (c) For purposes of this section: (1) “Qualified heavy equipment renter” shall have the same meaning as provided in Section 31202 of the Revenue and Taxation Code. (2) “Rental price” means the total amount of the charge for renting the heavy equipment property, excluding any separately stated charges that are not rental charges, including, but not limited to, separately stated charges for delivery and pickup fees, damage waivers, environmental mitigation fees, sales tax reimbursement, or use taxes. (Added by Stats. 2017, Ch. 505, Sec. 1. (AB 1130) Effective January 1, 2018.)
  178. 1657.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    If no time is set for an act, it must be done within a reasonable time; if the act can be done instantly and the amount to be done is clear, it must be done immediately.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1657. If no time is specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in its nature capable of being done instantly—as, for example, if it consists in the payment of money only—it must be performed immediately upon the thing to be done being exactly ascertained. (Enacted 1872.)
  179. 1657.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    In a contract of adhesion, any specified time for performing a required act must be reasonable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1657.1. Any time specified in a contract of adhesion for the performance of an act required to be performed shall be reasonable. (Added by Stats. 2021, Ch. 222, Sec. 1. (SB 762) Effective January 1, 2022.)
  180. 1659.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    If everyone who makes a promise gets some benefit from the consideration, the promise is presumed to be joint and several.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1659. Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several. (Enacted 1872.)
  181. 1660.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    A promise written in the singular is presumed to be joint and several when it is made by several persons.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1660. A promise, made in the singular number, but executed by several persons, is presumed to be joint and several. (Enacted 1872.)
  182. 1661.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    This section defines an executed contract as one whose object has been fully performed; all other contracts are executory.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1661. An executed contract is one, the object of which is fully performed. All others are executory. (Enacted 1872.)
  183. 1662.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    This section sets default risk-of-loss rules for real property sale contracts, unless the contract says otherwise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1662. Any contract hereafter made in this State for the purchase and sale of real property shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise: (a) If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that he has paid; (b) If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is he entitled to recover any portion thereof that he has paid. This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. This section may be cited as the Uniform Vendor and Purchaser Risk Act. (Added by Stats. 1947, Ch. 497.)
  184. 1663.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. )

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    This section defines euro-related terms and says the euro can be used as a commercially reasonable substitute for certain currencies or ECU in covered contracts and instruments.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 3. INTERPRETATION OF CONTRACTS [1635 - 1663] ( Title 3 enacted 1872. ) ## 1663. (a) As used in this section, the following terms shall have the following meanings: (1) “Euro” means the currency of participating member states of the European Union that adopt a single currency in accordance with the Treaty on European Union signed February 7, 1992, as amended from time to time. (2) “Introduction of the euro” includes, but is not limited to, the implementation from time to time of economic and monetary union in member states of the European Union in accordance with the Treaty on European Union signed February 7, 1992, as amended from time to time. (3) “ECU” or “European Currency Unit” means the currency basket that is from time to time used as the unit of account of the European community, as defined in European Council Regulation No. 3320/94. (b) If a subject or medium of payment of a contract, security, or instrument is the ECU or a currency that has been substituted or replaced by the euro, the euro shall be a commercially reasonable substitute and substantial equivalent that may be either tendered or used in determining the value of the ECU or currency, in each case at the conversion rate specified in, and otherwise calculated in accordance with, the regulations adopted by the Council of the European Union. (c) The introduction of the euro, the tendering of euros in connection with any obligation in compliance with subdivision (b), the determining of the value of any obligation in compliance with subdivision (b), or the calculating or determining of the subject or medium of payment of a contract, security, or instrument with reference to an interest rate or other basis that has been substituted or replaced due to the introduction of the euro and that is a commercially reasonable substitute and substantial equivalent, shall neither have the effect of discharging or excusing performance under any contract, security, or instrument, nor give a party the right unilaterally to alter or terminate any contract, security, or instrument. (d) This section shall be subject to any agreements between parties with specific reference to, or agreement regarding, the introduction of the euro. (e) Notwithstanding the Commercial Code or any other law of this state, this section shall apply to all contracts, securities, and instruments, including contracts with respect to commercial transactions, and shall not be deemed to be displaced by any other law of this state. (f) In the event of other currency changes, the provisions of this section with respect to the euro shall not be interpreted as creating any negative inference or negative presumption regarding the validity or enforceability of contracts, securities, or instruments denominated in whole or part in those other currencies. (Added by Stats. 1998, Ch. 62, Sec. 1. Effective June 5, 1998.)
  185. 1667.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    A contract or term is unlawful if it is contrary to an express law, contrary to the policy of express law even if not expressly prohibited, or contrary to good morals.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1667. That is not lawful which is: 1. Contrary to an express provision of law; 2. Contrary to the policy of express law, though not expressly prohibited; or, 3. Otherwise contrary to good morals. (Enacted 1872.)
  186. 1668.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

    Verify source ↗

    Contracts that try to excuse someone from liability for their own fraud, willful injury, or legal violations are against the law’s policy.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1668. All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law. (Enacted 1872.)
  187. 1669.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

    Verify source ↗

    Contracts that restrain a non-minor’s marriage are void.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1669. Every contract in restraint of the marriage of any person, other than a minor, is void. (Added by Stats. 1977, Ch. 198.)
  188. 1669.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

    Verify source ↗

    Certain contracts promising payment to a minor victim of an unlawful sex act, or to the minor’s legal representative, are void if entered after the alleged act and if payments are due more than one year after signing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1669.5. (a) Any contract for the payment of money or other consideration to a minor who has been alleged to be the victim of an unlawful sex act, or to his or her legal representative, by the alleged perpetrator of that unlawful sex act, or his or her legal representative, entered into on or after the time of the alleged unlawful sex act, and providing for any payments to be made more than one year after the date of the execution of the contract, is void as contrary to public policy. A district attorney may bring an action or intervene in any action to enjoin enforcement of any contract which is in violation of this section. (b) This section does not apply after the date of the final judgment in a criminal case against the alleged perpetrator for the unlawful sex act described in subdivision (a). (c) This section does not apply to a contract for the payment of money or other consideration made from a nonrevocable trust established for the benefit of the minor if the alleged perpetrator has no direct or indirect access to, or control over, the trust. (d) This section does not apply to an alleged perpetrator of an unlawful sex act against a minor to the extent he or she agrees to pay, or is required by court order to pay, child support for that minor upon a dissolution or legal separation. (e) For purposes of this section, “unlawful sex act,” means a felony sex offense committed against a minor. (f) Notwithstanding subdivision (a), any contract declared void as contrary to public policy under this section may still be enforced by a district attorney against the payor, and the proceeds thereof shall be deposited in the State Children’s Trust Fund pursuant to Section 18969 of the Welfare and Institutions Code. (Added by Stats. 1994, 1st Ex. Sess., Ch. 54, Sec. 1. Effective November 30, 1994.)
  189. 1669.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    A contract to pay money or other consideration for violating Penal Code Section 132.5 is void. The Attorney General or the county district attorney may sue to stop enforcement of such a contract.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1669.7. A contract for the payment of money or other consideration in violation of Section 132.5 of the Penal Code is void as contrary to public policy. The Attorney General or the district attorney of the county in which a violation of Section 132.5 of the Penal Code occurs may bring a civil action, or intervene in any civil action, to enjoin the enforcement of a contract that violates that section. (Added by Stats. 1994, Ch. 869, Sec. 1. Effective January 1, 1995.)
  190. 1670.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    A dispute under a construction contract with a public agency must go to independent arbitration if both sides agree; otherwise it may be litigated in court.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1670. Any dispute arising from a construction contract with a public agency, which contract contains a provision that one party to the contract or one party’s agent or employee shall decide any disputes arising under that contract, shall be resolved by submitting the dispute to independent arbitration, if mutually agreeable, otherwise by litigation in a court of competent jurisdiction. (Added by Stats. 1978, Ch. 1374.)
  191. 1670.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    Certain dog or cat contracts are void if ownership depends on later payments or if a lease includes an option to transfer ownership at the end.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1670.10. (a) (1) Except as provided in paragraph (2), a contract entered into on or after January 1, 2018, to transfer ownership of a dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the dog or cat is void as against public policy. (2) Paragraph (1) shall not apply to payments to repay an unsecured loan for the purchase of the dog or cat. (b) A contract entered into on or after January 1, 2018, for the lease of a dog or cat that provides for or offers the option of transferring ownership of the dog or cat at the end of the lease term is void as against public policy. (c) In addition to any other remedies provided by law, the consumer taking possession of a dog or cat transferred under a contract described in paragraph (1) of subdivision (a) or in subdivision (b) shall be deemed the owner of the dog or cat and shall also be entitled to the return of all amounts the consumer paid under the contract. (Added by Stats. 2017, Ch. 761, Sec. 1. (AB 1491) Effective January 1, 2018.)
  192. 1670.11.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    A contract or settlement term made on or after January 1, 2019, cannot validly waive a party’s right to testify in certain proceedings about alleged criminal conduct or sexual harassment when attendance was required or requested by court order, subpoena, or a written request from an agency or the Legislature.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1670.11. Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a party’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the Legislature, is void and unenforceable. (Amended by Stats. 2019, Ch. 497, Sec. 25. (AB 991) Effective January 1, 2020.)
  193. 1670.12.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    This section limits exclusive listing agreements for single-family residential property and bars automatic renewals and recording or enforcement of agreements made in violation of the section.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1670.12. (a) For purposes of this section, the following definitions apply: (1) “Exclusive listing agreement” means any contract or agreement providing an exclusive right to list or sell residential real property, including: (A) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code. (B) A contract or agreement to enter into any such agreement or arrangement. (2) “Single-family residential property” means one of the following: (A) Real property improved with one to four dwelling units. (B) A unit in a residential stock cooperative, condominium, or planned unit development. (C) A mobilehome or manufactured home when offered for sale or sold through a real estate licensee pursuant to Section 10131.6 of the Business and Professions Code. (D) A qualified ownership interest in real property subject to an agreement providing the owner the right to occupy one to four dwelling units on that property. (b) (1) It is unlawful for an exclusive listing agreement regarding single-family residential property to last longer than 24 months from the date the agreement was made. This paragraph shall not apply to exclusive listing agreements entered into between a real estate broker and a corporation, limited liability company, or partnership. (2) No exclusive listing agreement shall renew automatically, and any renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement. It is unlawful for a renewal of an exclusive listing agreement subject to paragraph (1) to last longer than 12 months from the date the renewal was made. (c) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement. (d) It is unlawful to enforce or attempt to enforce an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of this section. (e) (1) An exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of this section is void and unenforceable. A homeowner who entered into any such agreement may retain any consideration received thereunder. (2) A violation of this section constitutes a violation under Section 1770. (3) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that person’s licensing law. (Added by Stats. 2023, Ch. 577, Sec. 2. (AB 1345) Effective January 1, 2024.)
  194. 1670.15.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    This section defines key terms, limits dispute resolution terms in consumer use agreements to the goods, services, money, or credit in that agreement, and makes waivers of the section void and unenforceable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1670.15. (a) As used in this section, the following definitions shall apply: (1) “Consumer” has the same meaning as defined in subdivision (c) of Section 302 of the Business and Professions Code. (2) “Consumer use agreement” means a contract between a person and a consumer that the consumer enters into in order to use, receive, or otherwise enjoy a good, service, money, or credit. (3) “Person” has the same meaning as defined in subdivision (d) of Section 302 of the Business and Professions Code. (b) Dispute resolution terms and conditions of a consumer use agreement shall be limited to the use, payment, or provision of the good, service, money, or credit provided by that consumer use agreement. (c) A waiver of the provisions of this section is contrary to public policy and void and unenforceable. (d) This section shall be liberally construed for the purpose of protecting consumers. (e) The duties and obligations imposed by this section are cumulative with duties or obligations imposed under any other law, shall not be construed to relieve any party from any duties or obligations imposed under any other law, and do not limit any rights or remedies under any other law. (Added by Stats. 2025, Ch. 350, Sec. 1. (SB 82) Effective January 1, 2026.)
  195. 1670.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    If a court finds a contract or clause unconscionable, it may refuse enforcement, enforce the rest, or limit the clause. The parties must also get a reasonable chance to present evidence about the contract’s commercial setting, purpose, and effect.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1670.5. (a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. (b) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination. (Added by Stats. 1979, Ch. 819.)
  196. 1670.50.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.1. Buyer-Broker Representation Agreements [1670.50- 1670.50.] ( Title 4.1 added by Stats. 2024, Ch. 516, Sec. 2. )

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    Buyer-broker representation agreements must be signed promptly, with a disclosure form given first, and they generally cannot last more than three months or renew automatically.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.1. Buyer-Broker Representation Agreements [1670.50- 1670.50.] ( Title 4.1 added by Stats. 2024, Ch. 516, Sec. 2. ) ## 1670.50. (a) A buyer-broker representation agreement shall be executed between a buyer’s agent and a buyer as soon as practicable, but no later than the execution of the buyer’s offer to purchase real property. (b) The buyer-broker representation agreement shall include, but not be limited to, terms related to all of the following: (1) Compensation of the real estate broker. (2) Services to be rendered. (3) When compensation is due. (4) Contract termination. (c) Prior to execution of a buyer-broker representation agreement between the buyer and the buyers’s agent, the buyer’s agent shall provide the disclosure form required by Section 2079.14 to the buyer. (d) (1) A buyer-broker representation agreement shall not last longer than three months from the date the agreement was made. This paragraph shall not apply to a buyer-broker representation agreement entered into between a real estate broker and a corporation, limited liability company, or partnership. (2) A buyer-broker representation agreement shall not renew automatically, and a renewal of a buyer-broker representation agreement shall be in writing and be dated and signed by all parties to the agreement. A renewal of a buyer-broker representation agreement subject to paragraph (1) shall not last longer than three months from the date the renewal was made. (3) A buyer-broker representation agreement that is made in violation of this subdivision is void and unenforceable. (e) A person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates this section shall be deemed to have violated that person’s licensing law. (f) For the purposes of this section, “buyer-broker representation agreement” means the same as it is defined in subdivision (p) of Section 2079.13. (Added by Stats. 2024, Ch. 516, Sec. 2. (AB 2992) Effective January 1, 2025.)
  197. 1670.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    A contract for a consumer’s personal, family, or household purchase can be unlawful if it is tied to an out-of-California telephone solicitation and the telemarketer violated certain FTC telemarketing rule requirements.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1670.6. A contract with a consumer located in California for the purchase of a good or service that is made in connection with a telephone solicitation made in or from outside of California and is primarily for personal, family, or household use, is unlawful if, with respect to that telephone solicitation, the telemarketer is in violation of Section 310.4(a)(6)(i) of, or has not complied with Section 310.5(a)(5) of, the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. Part 310), as published in the Federal Register, Volume 68, Number 19, on January 29, 2003. This section shall apply only to those entities subject to, and does not apply to any transaction exempted under Section 310.6 of, the Telemarketing Sales Rule (16 C.F.R. Part 310), as published in the Federal Register, Volume 68, Number 19, on January 29, 2003. (Added by Stats. 2003, Ch. 77, Sec. 1. Effective January 1, 2004.)
  198. 1670.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    A contract clause that allows a wage deduction for emigrating and transporting a person to the United States is void as against public policy.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1670.7. Any provision of a contract that purports to allow a deduction from a person’s wages for the cost of emigrating and transporting that person to the United States is void as against public policy. (Amended by Stats. 2009, Ch. 35, Sec. 2. (SB 174) Effective January 1, 2010.)
  199. 1670.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    Consumer sales or lease contracts cannot waive a consumer’s right to make statements, and anyone who threatens enforcement or penalizes protected statements can face civil penalties.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1670.8. (a) (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services. (2) It shall be unlawful to threaten or to seek to enforce a provision made unlawful under this section, or to otherwise penalize a consumer for making any statement protected under this section. (b) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable. (c) Any person who violates this section shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation, and five thousand dollars ($5,000) for the second and for each subsequent violation, to be assessed and collected in a civil action brought by the consumer, by the Attorney General, or by the district attorney or city attorney of the county or city in which the violation occurred. When collected, the civil penalty shall be payable, as appropriate, to the consumer or to the general fund of whichever governmental entity brought the action to assess the civil penalty. (d) In addition, for a willful, intentional, or reckless violation of this section, a consumer or public prosecutor may recover a civil penalty not to exceed ten thousand dollars ($10,000). (e) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law. This section shall not be construed to prohibit or limit a person or business that hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove. (Added by Stats. 2014, Ch. 308, Sec. 1. (AB 2365) Effective January 1, 2015.)
  200. 1670.8.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    Consumer-service contracts for regulated licensees cannot bar consumers from complaining to the licensing board or joining its investigation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1670.8.5. (a) A contract or proposed contract for the provision of a consumer service by a licensee regulated by a licensing board shall not include a provision limiting the consumer’s ability to file a complaint with that board or to participate in the board’s investigation into the licensee. (b) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable. (c) For purposes of this section, the following terms apply: (1) “Consumer service” means any service that is obtained for use primarily for personal, family, or household purposes. (2) “Licensing board” means any entity described in Section 101 of the Business and Professions Code, the State Bar of California, the Department of Real Estate, or any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. (d) Violation of this section by a licensee shall constitute unprofessional conduct subject to discipline by the licensee’s licensing board. (Added by Stats. 2020, Ch. 312, Sec. 98. (SB 1474) Effective January 1, 2021.)

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