Performance of contract time and place of performace

Time and

place of

performan

ce

indian contact act 1872 ,

performance of contract

RICHARD

Performance of contract

Section 46 to 50 . It is for the parties of the

contract to determine the time and

place of contract

Time and place of performance

While making contract the parties ,

by mutual agreement decide

about time and place of contract.

.and both are expected to perform

their respective promises

accordingly

Rules regarding time

and place of contract

by indian contract act

1872

1. Time is not prescribed and

performance is not to be applied

Section 46 . Time of performance is not

been stipulated and the promisor has to

perform his promise without the request

or application of the promisee . Promisor

must perform his performance within

reasonable time . Reasonable time

depends upon the intention of parties ,

nature of contract and circumstances.

2.Time is specified , performance

is not to be applied for Section 47 . When a promise is to be

performed on a certain day , the promisor

may undertake to perform it without the

application or the request by the

promisee , in such case the promisor may

perform the promise at any time during

usual business hours on such day .

Time is specified , performance is not to be applied for

Example . a agrees to supply 200 bags of

sugar to B on 1st october at a particular

price . A should deliver these bags to B

during usual business hours on 1st october .

3. Application for performance

by promisee

Section 48 . When a date of performance

is specified and the promisor has to

perform his promise on the application or

request of the promisee . Thus it is the duty

of the promisee to apply for performance

on that day . He must apply during usual

business hours .

Application for performance by promisee

Example . A agrees to supply 50 bags of

tea to B on 8th september . As per terms

of contrat B would apply for performance

. Thus on due date , with in usual business

hours , B must inform a regarding time

and place of supply of tea of bags to him

4.No application of performance

and no place is fixed

Section 49 . When , the place of

performance is not fixed and promisor has

to perform his promise without application

or request of promisee . Thus it is duty of

promisor that he must contact with

promisee as to decide about place of

performance and accordingly perform

the promise .

No application of performance and no place is fixed

In case , the place of performance is fixed

in a contract , promisor is bound to

perform at that place . The place which is

fixed in a contract must reasonable for

both the parties . Place of performance

implies both place for delivery of goods

and place of payment .

No application of performance and no place is fixed

Example . Ram entered in to a contract

for supplying 100 quintals of jute to syam

on 5th september at a specific price . On

due date of performance , Ram must

apply to syam for determining reasonable

place and must deliver the jute to him at

that place .

5. Promise prescribes the manner

and time of performance

Section 50 . According to this rule , the

promisor must perform his promise in any

manner and at any time , being

prescibed by the promisee .

Promise prescribes the manner and time of performance

Example . B owes to A , Rs. 10000 . A asks

B to deposit this amount in A’s bank

account . B deposits the amount in A’s

account after some time bank fails and A

has no information regarding transfer of

money to his account . There had been

good payment by B and in this way he is

discharged from obligation .

Promise prescribes the manner and time of performance

Example 2 . A owes Rs. 5000 to B . B

agrees to accept some goods supplied

by A in the deduction of the debt . The

delivery of goods will be considered as a

part of payment .

Time & Place of Performance

Section 46 -50

It is for the parties to a contract to decide

about the time and place of contract for

the performance of contract.

Time as the essence of contract

Section 55 .Intention of the parties is clear

that the time is the essence of the

contract and if the promiser fails to

perform the obligation in the time fixed ,

the contract becomes voidable at the

option of the promisee and he can aviod

contract

Time is not as the essence of contract

Section 55 . If the intention of the parties is

such that the time is not as the essence of

contract . Time does not make the

contract voidable .

Acceptance of performance

out of time

When the promisee accepts performance

of a promise at any time other than that

agreed , the promisee cannot claim

compensation for any loss caused by the

non performance of the promisee unless

at the time of such acceptance he gives

notice to the promiser of his intention so to

do

THANK

YOU

Time as the essence of contract

Section 55 . when the party to a contract ,

promises to do certain things at or before

the specified time and fails to do any

such thing at or before the specified time

the contract or so much of It , has not

been performed , becomes voidable at

the option of the promisee , if the

intension of the parties was that , the time

should be of the essense of the contract .

Time as the essence of

contract

It is usual on the part of the parties to decide

about the time of performance at the time of

making contract . In this case, the promisor

must perform his promise with in such

stipulated time , In other cases , reasonable

time must be followed for the performance

the time of performance stipulated by the

parties does not became as essence of

contract unless the parties have an intension

to do so .

THANK

YOU

1. Sec.46 Time for performance of promise, where no application is to be made and no time is specified

Where, by the contract, a promisor is to perform his promise without application by the promisee , and no time for performance is specified, the engagement must be performed within a reasonable time.

Explanation : The question “what is a reasonable time” is, in each particular case, a question of fact.

Sec. 47. Time and place for performance

of promise, where time is specified and no

application to be made

When a promise is to be performed on a certain

day, and the promisor has undertaken to perform

it without the application by the promisee, the

promisor may perform it at any time during the

usual hours of business on such day and at the

place at which the promise ought to be

performed.

. Sec. 48 Application for

performance on certain day to be at proper time and place When a promise is to be performed on a certain

day, and the promisor has not undertaken to

perform it without application by the promisee, it

is the duty of the promisee to apply for the

performance at a proper place within the usual

hours of business.

Explanation : The question “what is proper time

and place” is, in each particular case, a

question of fact.

Sec.49 Place for the performance of

promise, where no application to be made

and no place fixed for performance

When a promise is to be performed without

application by the promisee, and not place

is fixed for the performance of it, it is the

duty of the promisor to apply to the

promisee to appoint a reasonable place for

the performance of the promise, and to

perform it at such a place.

. Sec.50 Performance in

manner or at time

. Sec.50 Performance in manner or at time

prescribed or sanctioned by promisee

The performance of any promise may be

made in any manner, or at any time

which the promisee prescribes or

sanctions.

Time as the essence of the

contract

1. When time is of the essence of the

contract

2. When time is not of the essence

3. Extension of time, performance within

extended time is proper performance

CIRCUMSTANCES WHEN

CONTRACT NEED NOT BE

PERFORMED

A promisse under an agreement which is

void or illegal ab initio

If parties to a contract agree to substitute a

new contract