What occurs during attempted performance?

During attempted performance, the promisor has made an effort to fulfill their contractual obligations, but the promisee, the party receiving the benefit of that performance, refuses to accept it. This situation can arise in a variety of contexts where the terms of the contract may not be met to the satisfaction of the promisee, even though the promisor has attempted to fulfill their part of the agreement.

Refusal of acceptance essentially indicates that the promisee has found the performance inadequate, incomplete, or not in accordance with the contractual terms, leading them to reject the fulfillment of the promise made. This can affect the legal standing of the performance, as it raises questions about whether the promisor has indeed completed their obligations under the contract or if they now have options for recourse or renegotiation.

The other options do not correctly define attempted performance because they either imply complete acceptance of the performance, fulfillment of all obligations by the promisor, or involve third-party enforcement, which do not fit the definition or context of attempted performance where refusal plays a critical role.