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Time and Place of Performance of Contract

This document discusses the law relating to the time and place for performance of contracts under Sections 46 to 50 of the Indian Contract Act. It outlines the following key points: 1) When no time is specified for performance, Section 46 states performance must be within a reasonable time as determined by the circumstances of each case. 2) Section 47 states that if a certain day is fixed for performance and the promiser undertook to perform without being asked, performance can be at any time during usual business hours on that day. 3) Section 48 states that if a certain day is fixed and the promiser did not undertake to perform without being asked, the promisee must apply for performance at a proper place and time

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231 views

Time and Place of Performance of Contract

This document discusses the law relating to the time and place for performance of contracts under Sections 46 to 50 of the Indian Contract Act. It outlines the following key points: 1) When no time is specified for performance, Section 46 states performance must be within a reasonable time as determined by the circumstances of each case. 2) Section 47 states that if a certain day is fixed for performance and the promiser undertook to perform without being asked, performance can be at any time during usual business hours on that day. 3) Section 48 states that if a certain day is fixed and the promiser did not undertake to perform without being asked, the promisee must apply for performance at a proper place and time

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Garvit
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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Time and place of performance of contract

Q. 34 Discuss the law relating to time and place for the performance
of contract.
Ans. The rules relating to the time and place for the performance of
the contract have been specified in Sections 46 to 50 of the Act as
follows :
(1) When no time is specified., Section 46

(2) When day is fixed., Section 47

(3) Performance on a certain day on application., Section 48

(4) When no place is fixed., Section 49

(5) Performance in manner or at time prescribed or sanctioned by


promisee., Section 50

(1) When no time is specified. - Section 46 of the Act specifies the


rule about the time for the performance of the promise where no
application is to be made by the promisee in this respect and no time
is specified in the agreement. The provision is that where, by the
contract, a promiser is to perform his promise without application by
the promisee and no time for performance is specified, the agreement
must be performed within a reasonable time and the question as to
what is a reasonable time is, in each particular case, a question of fact
which is decided by taking into consideration all surrounding
circumstances.
(2) When day is fixed - Section 47 of the Act lays down that when a
promise is to be performed on a certain day, and the promiser has
undertaken to perform it without application by the promiser, the
promiser may perform it at any time during the usual hour of business
of such day not at the place at which the promise ought to be
performed.
(3) Performance on a certain day on application - Section 48 of the
Act lays down that when a promise is to be performed on a certain
day and promiser has not undertaken to perform it without application
by the promisee, it is the duty of the promisee to apply for
performance at a proper place and within the usual hours of business
and explanation to this section makes it clear that the question as to
what is a proper time and place is in each particular case a question of
fact which is to be decided by taking all surrounding circumstance
into consideration.
(4) When no place is fixed - The point, about the place for the
performance of a promise in a case where no application is to be made
by the promisee and no place is fixed for the performance can be
settled according to the rule laid down in section 49 of the Act which
provides that when a promise to be performed without application by
the promisee and no place is fixed for the performance of it, it is the
duty of the promiser to apply to the promisee to appoint a reasonable
place.
Illustration ; A undertakes to deliver a thousand quintal of jute to B on
a fixed day. A must apply to B to appoint a reasonable place for
purpose of receiving it, and must deliver it to him at such place.
(5) Performance in manner or at time prescribed or sanctioned by
promisee - Section 50 of the Act specifies that the performance of the
promise, in a case where the manner or the time of the performance is
presented or sanctioned by the promisee, must be in accordance with
that manner or at that time.
Section 50 lays down that -
"The performance of any promise may be made in any manner or at
any time which the promise prescribes or sanctions."

The section specifies about the prescribed or sanctioned manner and


time. It may be in any manner as prescribed or sanctioned; similarly it
may be at any time as prescribed or sanctioned.

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