Time, place and manner of performance (Sections 46 – 50)

The parties are free to decide as to when and where the performance of the contract is to be made.

1. No time is specified for performance (Sec 46)

Time of performance is not specified + promisor agreed to perform without, a demand from the promise the performance must be made

within a reasonable time. Reasonable time – in each particular case – a question of fact. Sec 36(2) the sale of goods act also contains a similar provision:- when the seller is bound to deliver the goods, but no time for sending them is fixed, the seller is bound to send them within a reasonable time.

• Time specified but hour not mentioned (Sec 47)

Time of performance specified + promisor agreed to perform without application by the promise. Performer must perform on the day fixed during the usual business hours and at place at which the promise ought to be performed.

Time and place for performance of promise, where time is specified, and no application to be made. (during business hours on such day/usual closing time)

A promise to deliver goods at B’s warehouse on 1^st Jan. on that day, A brings the goods to B’s warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise.

• Where time is fixed and application to be made (Sec 48)
  • Proper place and within the usual hour of business.
  • Promisee to apply for performance.

When the promise is to apply for performance, he must do so at proper time and place. (Usual hours of business)

• Performance of promise where no place is specified and no application is to be made by the promise (Sec 49)

It is the duty of the promisor to apply to the promise to appoint a reasonable place for the performance and perform it at such appointed place.

Place of performance of promise, where application to be made and no place fixed for performance (Reasonable place)

A undertakes to deliver a thousand mounds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for the purpose of receiving it, and must deliver it to him at such place.

• Performance in manner or at the time prescribed or sanctioned by promise. (Sec 50)
  • In such prescribe manner and
  • Prescribed time

The performance of any promise may be in any manner, or at any time which the promise prescribes or sanctions.

Ex. A desires B who owes him Rs.10,000/- to send him a promissory  note for Rs.10,000/- by post. The debt is discharged as soon as B puts into the post a letter containing the promissory note duly addressed to A.

B owes A, Rs.2000/- A desires B to pay the amount to A’s account with C, a banker. B who also banks with C, orders the amount to be transferred from his account to As credit, and this is done by C.