Important rules relating to time, place and manner of performance are given below:
So far as the time and place of performance of a contract is concerned, it must be agreed upon by the parties to the contract themselves. Sections 46 to 50 lay down rules in this regard.
Rules
1. Performance within a reasonable time (Sec. 46):
Sec. 46 states that “Whereby 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.”
What is a “reasonable time?” is a question of fact. It depends upon the circumstances of the case, the usage of trade or the intention of the parties at the time of entering into the contract.
Image Source: anizaima.files.wordpress.com
Example:
Supply of order for books by a bookseller to the publisher given in July should be performed within 4-5 days, it being the time for the demand of books.
If such order is given in May, it may take 20-30 days or so, as the season for books will start in July.
2. Specified time and place for performance (Sec. 47):
When a promise is to be performed on a certain day, the promisor may undertake to perform it without application by the promisee. Under Sec 47, it has been provided that “In such a case the promisor may perform the promise at any time during the usual hours of business on such day and at the place at which the promise ought to be performed.”
ADVERTISEMENTS:
Example:
X promises to deliver 10 scooters at Y’s go down on April 1. On that day X brings the scooters but after 8.00 p.m. The delivery is not taken as the go down was closed. Here it was held that X has not performed his promise.
3. Performance on a certain day (Sec. 48):
When a promise is to be performed on a certain day, the promisor may undertake to perform it after the application by the promisee to that effect. In such a case, it is the duty of the promisee to apply for performance at a proper place and within usual hours of business. (Sec. 48)
ADVERTISEMENTS:
Proper time and place will depend upon the circumstances of the case.
4. Promise when no place is fixed and without application (Sec. 49):
When a promise is to be performed without application by the promisee, and no 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 place. (Sec. 49)
Example:
A cycle company X undertakes to deliver 100 cycles to Y on a fixed day X should ask Y to appoint a reasonable place for the delivery of cycles and must deliver the cycles to Y at that place.
5. Performance as prescribed by the promisee (Sec. 50):
As per Section 50, “The performance of any promisee may be made in any manner or at any time, which the promisee prescribes.”
Example:
X owes Y Rs. 10,000. Y accepts X’s car valuing Rs. 6,000 in reduction of the debt. The delivery of car will amount to a part- payment of the debt.
