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Explain the legal rules relating to time and place of performance of a contract.

Explain the legal rules relating to time and place of performance of a contract.

Owlgen
Course: B.Com

1 Answer

Time and Place are considered as an important essence of the contract in the following cases:

Performance of a promise within a reasonable time: According to Section 45, where time for performance is not specified in the contract and the promisor has undertaken to perform without any application by the promisee, and thenthe contract must be performed with in a reasonable time.

Performance of promise where time is specified: According to Section 47, when the time for performance is specified in the contract and the promisor has undertaken to perform without any application by the promisee, then the promisor must perform his promise on that particular day in the usual business hours and at the place where the promise ought to be performed. For example: A promises to deliver goods at B’s warehouse on January 1, 2019. On that day A brings the goods to B’s warehouse, but after the usual hours of closing, and they are not received. Here, A’s performance is not valid.

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Performance of promise on an application by the promisee: According to Section 48, when the day for performance is specified in the contract and the promisor does not undertake to perform it without any application of demand by the promisee, and then the promisee must apply for performance at a proper place and within the usual hours of business.

Performance of promise where no place is specified and also no application is to be made by promisee: It is the duty of the promisor to apply or ask the promisee to fix a reasonable place for the performance in case a promise is to be performed Without any application or demand by the promisee and no place is specified for performance. For example: A undertakes to deliver 100 Kg of jute to Bon a fixed day. A must apply to B to fix a reasonable place for the purpose of receiving it, and must deliver it to him at such place.

Performance of promise in the manner and time prescribed or sanctioned by the promisee: The promisee may at times prescribe the manner and the time of the performance. According to Section 50, the promise, thus, must be performed in the same manner and at the time prescribed by the promisee, so that the promisor gets discharged from his liability.

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May 19, 2019
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