Time and place of performance of contract

Edited By Ritika Jonwal | Updated on Aug 13, 2024 02:23 PM IST

A contract must be fulfilled with a set time and place. This is done to draw attention to a contract's legal goals. If a time and venue for a contract performance are agreed upon, the promisor must carry out the promise appropriately.

In its strictest meaning, "performance" refers to carrying out an activity or task. Within the legal context, "performance" refers to the act of fulfilling or finishing the responsibilities that one party has towards the other as a result of the agreement they have engaged in.

It is crucial for all commercial contracts, such as those involving construction, to be fulfilled on schedule. Failure to do so might undermine the agreement's purpose and expose the promisee to damages. While the parties may choose the contract's day, time, and location, those requirements must be followed once those details are set.

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This Story also Contains

Time and Place of Performance of Contract
Rules Regarding Time and Place of Performance of Contract
Case Law Related to Time and Place of Performance of Contract
Conclusion

Time and place of performance of contract

Time and Place of Performance of Contract

Section 2(h) of the Indian Contract Act of 1872 describes what constitutes a legally binding contract. It is concluded that the contract satisfies many requirements, so qualifying it for validity under this statute.
A valid and legal contract must include all of the necessary elements, but even when the parties have complied with these conditions, the validity or legality of the agreement may be called into question if one or more of the criteria are not completed at the designated time, location, or method.
A contract must be completed on schedule and at the right location since failure to do so might worsen the situation and affect the contract's legitimacy.
Sections 46–50 of the Act address the location and timing of contract performance. A series of guidelines and norms were created by this statute.

Definition of Performance

According to Section 37 of the Indian Contract Act of 1872, "the parties to a contract must either perform or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of the act or any other law."
If the promisors die before performance, their representatives are bound by their promises, unless the contract expressly states otherwise.
Thus, it is each contracting party's sole responsibility to either deliver or propose to perform its promise.

Types of Performance

Actual performance: An actual promisee is someone who accepts a promisor's offer of performance. Contractual duties are fulfilled, and a party's liability under the contract ends.
Attempted performance or tender of performance: Section 38 defines attempted performance as when a promisor offers performance but the promisee does not accept it. The rejection to accept the promisee's offer of performance releases the party from both liability and performance.

Rules Regarding Time and Place of Performance of Contract

The Indian Contract Act, of 1872, stipulates various requirements about the time and place for contract performance under sections 46-50, which are listed below:

Section	Rules	Explanation	Illustration
Section 46 of the Indian Contract Act, 1872	Time for execution of promise where no application is to be made and no time is stated	Where a promisor is required to execute his promise without the promisee's application and no time limit is stated for performance, the engagement or promise must be completed within a reasonable period.	Krishna borrows a Rs 10,000 loan from Shiva and promises to repay it when he receives her next income. The suitable period for contract performance is when Krishna receives his next salary.
Section 47 of the Indian Contract Act, 1872	Time and place for the performance of the promise, where time is provided and no application is required.	When a promise is to be fulfilled on a specific day without the promisee's application, the promisor may do so at any moment during normal business hours on that day.	Ankita offered to supply things to Ira in exchange for an advance payment of Rs 10,000. Ira made the money and ordered Ankita to bring the products to her workplace in Tis Hazari on the 13th of the same month. Since the time is not indicated, she should bring it between 10 a.m. and 5 p.m., presuming those are the typical court hours. If Ankita attempts delivery after business hours, Ira has the right to refuse the items and request that Ankita deliver them again during business hours.
Section 48 of the Indian Contract Act, 1872	Application for performance on a specific day to be at the appropriate time and place.	When a promise is made to be fulfilled on a specific day, the promisor may agree to do so after the promisee makes the request. In such a circumstance, it is the promisee's responsibility to apply for performance at the appropriate location and time during regular business hours.	Amit offers to supply Sumit with 50 cartons of booze on November 3rd at his office. According to the provisions of the contract, Sumit must seek Amits's performance. Thus, on the due date and during normal business hours, Sumit should contact Amit to arrange a time and location for the delivery of products.
Section 49 of the Indian Contract Act, 1872	A place for the performance of a promise, when no application is required and no site is specified for performance	When a promise is to be executed without the promisee's application and no location is specified, it is the promisor's responsibility to apply to the promisee to select a suitable location for the performance of the promise and to carry it out at that location.	Sheela signed a deal with Anu on September 5th to deliver 100 cartons of Gramme Flour at a particular price. On the due day of the performance, Sheela must apply or request that Anu choose an acceptable location and make the money there.
Section 50 of the Indian Contract Act, 1872	Performance in the way or at the time indicated by the promisee	Any promise may be performed in any manner or at any time specified or sanctioned by the promisee. A contract may also exist in which the promisor promises to fulfil the contract in a manner, location, and time specified by the promisee.	Prankur's son is in the hospital and requires funding for his procedure. Harshil owes money to Prankur and promises to reimburse him at any location or time determined by Prankur. In this scenario, Prankur has the right to request that the promise be fulfilled in any manner, at any location, or at any time that is convenient for him.

The Effects of Failing to Complete the Contract on a Defined Time

Section 55

Section 55 of the Indian Contract Act,1872 deals with the consequences of failing to complete the contract at a certain time when the time is critical.
If an act is not performed within the time frame specified, the contract becomes voidable at the discretion of the promisee, assuming that the parties intended that time be of the essence of the contract.
Thus, whether time was of the essence in the contract is determined by the parties' intentions as well as the nature of the contract itself.

Case Law Related to Time and Place of Performance of Contract

Bishamber Nath Agarwal v. Kishan Chand

It was determined that if an agreement states that a certain act connected to the contracts must be completed within a specific time or manner, it must be completed in that method or time, and the parties do not have the authority to conduct it in their style or timing.

Bhudra Chand v. Betts

The plaintiff and the defendant in this case consented to the plaintiff using his elephant for Kheda activities, which involve capturing wild elephants. The defendant secured a time extension until October 6th, 1910, and did not deliver the elephant until October 11th, 1910, despite the contract's stipulated delivery date of October 1st. The plaintiff sued for breach of contract after the defendant declined to give up the elephant.

Lalman Shukla v. Gauri Dutt

The plaintiff, the defendant's servant, was dispatched to look for the defendant's nephew after he ran away from home. In the meantime, the defendant distributed flyers promising RS 501 to the person who located the youngster. Ignorant of the award, the plaintiff took care of the kid. He filed a petition to collect the award after learning about it, which had been publicised while he was gone. It was decided that the plaintiff's act of delivering the youngster did not amount to acceptance of the offer because he was unaware of the prize, under the time and location specified for performance.

Conclusion

The parties to a contract must choose the time and location of contract performance, as specified by Sections 46 to 50 of the Indian Contract Act, of 1872. These are crucial factors. In actuality, the inclusion of precise dates and locations is crucial for the contract's formation of a solid legal bond between the parties.

Frequently Asked Questions (FAQs)

1. What is the place and time of contract section 47 performance?

When the promisee is not required to make any application and the time and location of performance are specified Section 47. When the provisions of the contract specify that the promisor needs to fulfil the contract without any request by the promisee, on the place named by the promisee and on the specific date provided by him.

2. When and where did a contract come into being?

A contract must be fulfilled with a set time and location. This is done to draw attention to a contract's legal goals.

3. Where is a contract's place of performance?

The precise conditions included in the contract dictate the location in which a contractual obligation must be fulfilled. For example, if one party's responsibility to build is specified in the contract, that obligation must be fulfilled on the building site.

4. Which three ways may a contract be performed?

Contract may provide for real, significant, or flawless performance. Actual Performance: When all parties have complied with the terms of the agreement, this is known as an actual performance.

5. What is a fair amount of time for contract fulfilment?

The Indian Contract Act of 1872 discusses the Time and Place of Contract Performance in sections 46–50. It is presumed that it will be completed in a fair amount of time if there is no mention of a deadline in the contract. This implies that the length of time would vary depending on the situation and case details.