Ishita Desai 22 December 2020
|Originally posted by : MOHD. TOFIK|
|Explain in detail What is Time,place and manner of performance?|
I assume that you have a doubt with regards to time, place and manner of performance of a contract. Here are a few rules that you need to understand.
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.
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.”
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)
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)
As per Section 50, “The performance of any promisee may be made in any manner or at any time, which the promisee prescribes.”
I hope this has given you a brief idea about the same.