By whom contract must be performed and Time and place of the performance of contract.

1. 6/21/2017
Time & Place for Performance of contract
LAW OF CONTRACT I

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TABLE OF CONTENTS
Who Must Perform?.............................................................................................................................2
Promisor Himself:.........................................................................................................................................2
Agent: ...........................................................................................................................................................2
Legal Representative:...................................................................................................................................2
Third Persons:..............................................................................................................................................2
Joint Promisors:...........................................................................................................................................2
Performance Of Joint Promises ..................................................................................................................2
Release Of Joint Promisor...........................................................................................................................3
Right of Joint Promisees...............................................................................................................................3
By whom the contract must be performed.....................................................................................3
Person by whom promise is to be performed. ...............................................................................3
Effect of accepting performance from third person. ..................................................................3
Devolution of Joint liabilities.............................................................................................................3
Any one of Joint promisors may be compelled to perform........................................................4
Effect of release of one Joint promisor. ..........................................................................................4
Time and Place for Performance of the Promise........................................................................4
Sections Pertaining to Time & Place for Performance of Contract.....................................5
RELEVANT CASES............................................................................................................................7
CONCLUSION......................................................................................................................................7
Provisions related to the Time and place of performance of contracts:-...................................................8

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Who Must Perform?
Promisor Himself:
If it appears from the nature of the contract that it was the intention of the parties that the promise contained
in it should be performed by the promisor himself, such promisor must be performed by the promisor. In
such cases, death of the promisor puts an end to the contract.
Agent:
Where the contract does not involve personal skill of promisor, the promisor or his representative may
employ a competent person to perform it.
Legal Representative:
The contracts which do not involve any personal skill may be performed by his legal representative after
the death of the promisor
Third Persons:
A Contract may be performed by a third person provided the promise accepts the arrangement. If the
promise accepts performance of the promise from a third party, he cannot afterwards compel the promisor
to perform th4e contract again.
Joint Promisors:
When there are joint promisors to a contract, the promise may, if not contrary provided in the contract,
compel any one of them to perform the promise.
Performance Of Joint Promises
When two or more persons have made a joint promise, they are known as joint promisors. Unless a country
intention appears from the contract, all joint promisors must jointly fulfill the promise. If anyone of them
dies, his legal representative must, jointly with the surviving promisors, fulfill the promise. If all of them
die, the legal representatives of all of them must fulfill the promisors jointly. If joint promisor does not
discharged their obligation as per section 42 then provisions of section 43 will apply. Section 43 lays down
three rules as regards performance of joint promise:
a) Any one of the joint promisors may be compelled to perform: when there is no express agreement
to the contrary, the promise may compel any one or more of such joint promisors to perform the
whole of the promise.
b) A joint promisor compelled to perform may claim compensation: When one of the joint promisors
has been compelled to perform the whole of the promise, he may compel every other joint promisor
to contribute equally with himself to the performance of the promise, unless a country intention
appears from the contract.
c) Sharing of loss arising from default of joining promisors: If any one of the joint promisor makes
default in such contribution, the remaining joint promisors must bear the loss arising from such
default in equal shares.

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Release Of Joint Promisor
Where two or more persons have made a joint promise, a released of one of such joint promisors by the
promisee does not discharge the other joint promisor or joint promisors neither does it free the joint
promisors so released from responsibility to the other joint promisor or promisors.
Right of Joint Promisees
“When a person has made a promise to two or more persons jointly, then unless a country intention appears
from the contract, the right to claim performance rests with them during their joint lives, and after the death
of any of them with the representatives of such deceased person jointly with the survivor or survivors, and
after the death of the last survivor, with the representatives of all jointly.
By whom the contract must be performed
 By the Promisor
 By the Agent
 By the representative
 By Third Person ( Sec.41)
If it appears from the nature of the case that it was the intention of the parties to any contract that any
promise contain in it should be performed by the promisor himself, such promise must be performed by the
promisor.
In other cases, the promisor or his representative may employ a competent person to perform it.
Person by whom promise is to be performed.
40. If it appears from the nature of the case that it was the intention of the parties to any contract that any
promise contained in it should be performed by the promisor himself, such promise must be performed by
the promisor. In other cases, the promisor or his representatives may employ a competent person to perform
it.
Illustrations
a) A promises to pay B a sum of money. A may perform this promise, either by personally paying the
money to B or by causing it to be paid to B by another; and, if A dies before the time appointed for
payment, his representatives must perform the promise, or employ some proper person to do so.
b) A promises to paint a picture for B: A must perform this promise personally.
Effect of accepting performance from third person.
41. When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce
it against the promisor.
Devolution of Joint liabilities.
42. When two or more persons have made a joint promise then, unless a contrary intention appears by the
contract, all such persons, during their joint lives, and after the death of any of them, his representative
jointly with the survivor, or survivors, and after the death of the last survivor, the representatives of all
jointly, must fulfill the promise.

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Any one of Joint promisors may be compelled to perform.
43. When two or more persons make a joint promise, the promisee may, in the absence of express
agreement to the contrary, compel any one or more of such joint promisors to perform the whole of the
promise.
Each promisor may compel contribution.—each of two or more joint promisors may compel every other
joint promisor to contribute equally with himself to the performance of the promise, unless a contrary
intention appears from the contract.
Sharing of loss by default in contribution.—-If any one of two or more joint promisors makes default in
such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.
Explanation: Nothing in this section shall prevent a surety from recovering from his principal, payments
made by the surety on behalf of the principal, or entitle the principal to recover anything from the surety on
account of payments made by the principal.
Illustrations
a) A, B and C jointly promise to pay D 3,000 rupees. D may compel either A or B or C to pay him
3,000 rupees.
b) A, B and C jointly promise to pay D the sum of 3,000 rupees. C is compelled to pay the whole. A
is insolvent, but his assets are sufficient to pay one-half of his debts, C is entitled to receive 500
rupees from A’s estate, and 2,250 rupees from B.
c) A, B and C are under a joint promise to pay D 3,000 rupees. C is unable to pay anything, and A is
compelled to pay the whole. A is entitled to receive 1,500 rupees from B.
d) A, B and C are under a joint promise to pay D 3,000 rupees, A and B being only sureties for C. C
fails to pay. A and B are compelled to pay the whole sum. They are entitled to recover it from C.
Effect of release of one Joint promisor.
44. Where two or more persons have made a joint promise, a release of one of such joint promisors by the
promisee does not discharge the other joint promisor or joint promisors; neither does it free the joint
promisor so released from responsibility to the other joint promisor or joint promisors.
Effect of release of one joint promisor (Section 44) Where two or more persons have made
a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint
promisor or joint promisors, neither does it free the joint promisors so released from responsibility to the
other joint promisor or joint promisors.
Devolution of joint rights (Section 45)- When a person has made a promise to two or more
persons jointly, then, unless a contrary intention appears from. the contract, the right to claim performance
rests, as between him and them, with them during their joint lives, and, after the death of any of them, with
the representative of such deceased person jointly with the survivor or survivors and, after the death of the
last survivor, with the representatives of all jointly.
Time and Place for Performance of the Promise
1) Where no time of performance is specified: if no time is specified in a contract for the
performance of the promise, the promise must be performed within a reasonable time.
NOTE: Reasonable time is a question of fact.

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2) Where time of performance is specified: if a promise is to be performed ona specified date, the
promisor must perform the promise on the day fixed during the usual business hours and at the
place at which the promise ought to be performed.
3) Where no place of performance is fixed: when no place is fixed for the performance of a promise,
it is the duty of the promisor to ask the promisee to fix a reasonable place for the performance of
the promise and perform it at such place.
4) Where performance on application by the promisee. Where the promisor has not undertaken to
perform the promise without an application by the promisee, and the promise is to be performed
on a certain day it is the duty of the promisee to apply for performance at a proper place and with
in the usual hours of business.
Sections Pertaining to Time & Place for Performance of Contract
Section 46. Time for performance of promise, where no application is to be made and no
time is specified
Where, by 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.
Explanation: The question “what is a reasonable time” is, in each particular case, a question of fact. We
also need to keep in mind that according the situation and also the mindset of the Judges are a very important
factor in deciding as to what is the reasonable amount of time.
Section 47. Time and place for performance of promise, where time is specified and no
application to be made –
When a promise is to be performed on a certain day, and the promisor has undertaken to perform it without
the application by the promisee, the promisor may perform it at any time during the usual hours of business
on such day and at the place at which the promise ought to be performed.
Illustration
A Promises to deliver goods at B’s warehouse on the first January. On the day A brings the goods to B’s
warehouse, but after the usual hour closing it, and they are not received. A has not performed his promise.
In relation to the above illustration, we can see that A had although fulfilled his part partially of delivering
the goods on the said day, but the time at which he fulfilled his promise was not correct. This section
basically has pointed out this only that time at which the promise is to be performed, must be at reasonable
hours of the day, and in the illustration given above, clearly A had crossed the time limit.
Section 48. Application for performance on certain day to be at proper time and place –
When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it
without application by the promisee, it is the duty of the promisee to apply for the performance at a proper
place within the usual hours of business.
Explanation: The question “what is proper time and place” is, in each particular case, a question of fact.
Illustration- If A promises to deliver goods to B’s warehouse on 9th of January, given that B on that
particular day makes an application to A pertaining to the delivery of those goods. We need to see that in
this case if A does not deliver the goods to B, then A cannot be held liable, as it was B’s prerogative to
make an application to A for the delivery of goods and he failed on his part to do so.

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Section 49. Place for the performance of promise, where no application to be made and no
place fixed for performance –
When a promise is to be performed without application by the promisee, and not 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 a place.
Illustration
A undertakes to deliver a thousand pounds 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.
Explanation – Now unlike the previous Section, in which the prerogative was on the Promisee, but in this
Section, the onus is on the promisor. We see that the Promisor is responsible for deciding the place where
the performance of contract needs to take place. In the above illustration, A is the Promisor, and we see that
he has been unable to fulfil his part of the contract, as he could not discharge his obligation of appointing a
reasonable place for the performance of the contract.
Section 50. Performance in manner or at time prescribed or sanctioned by promise -
The performance of any promise may be made in any manner, or at any time which the promisee prescribes
or sanctions.
Illustrations
a) B owes A 2,000 rupees. 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 A’s credit, and this is
done by C. Afterwards, and before A knows of the transfer, C fails. There has been a good payment
by B.
b) A and B are mutually indebted. A and B settle an account by setting off one item against another,
and B pays A the balance found to be due from him upon such settlement. This amounts to a
payment by A and B, respectively, of the sums which they owed to each other.
c) A owes B 2,000 rupees. B accepts some of A’s goods in reduction of the debt. The delivery of the
goods operates as a part payment.
d) A desires B, who owes him Rs.100, to send him a note for Rs.100 by post. The debt is discharged
as soon as B puts into the post a letter containing the note duly addressed to A
Section 55 - Effect of failure to perform at fixed time, in contract in which time is essential
When a party to a contract promises to do a certain thing at or before a specified time, or certain things at
or before specified times, and fails to do any such thing at or before the specified time, the contract, or so
much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of
the parties was that time should be of the essence of the contract.
Effect of such failure when time is not essential:- If it was not the intention of the parties that time
should be of the essence of the contract, the contract does not become voidable by the failure to do such
thing at or before the specified time; but the promisee is entitled to compensation from the promisor for any
loss occasioned to him by such failure.
Effect of acceptance of performance at time other than that agreed upon:- If, in case of a
contract voidable on account of the promisor's failure to perform his promise at the time agreed, the

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promisee accepts performance of such promise at any time other than that agreed, the promisee cannot
claim compensation for any loss occasioned by the non-performance of the promise at the time agreed,
unless, at the time of such acceptance he gives notice to the promisor of his intention to do so. Notice under
section 55 before expiry of stipulated period is must before granting any provisional Extension of Time at
the request of contractor. Even if contractor does not apply and promise intends to continue the contract,
suo moto provisional extension of time with notice under section 55 should be given to the contractor. If
contractor continues to work, receiving instructions & accepting measurement & bills, it is implied
acceptance of contractor.
RELEVANT CASES
Bhudra Chand v. Betts
In this case The plaintiff stipulated with the defendant to engage his elephant for the purpose of Kheda
operations (to capture wild elephants). The contract provided that the elephant would be delivered on the
1st October ,1910; but the defendant obtained an extension of time till the 6th October and yet did not
deliver the elephant till the 11th. The plaintiff refused to accept the elephant and sued for damages for the
breach.
Bishamber Nath Agarwal v. Kishan Chand .
It was held that if any agreement states that a particular act relating to the contracts is to be done within the
particular time or manner , it should be done in that manner or time and it is not the rights of the parties to
perform it is own his manner or time according to them.
Startups v. Macdonald:
S agreed to sell 10 tons of oil to M and to deliver it to him within the last 14 days of March. Delivery was
tendered at 8:30 pm on 31st March. M refused to accept. It was held that the tender of the oil was in the
circumstances equivalent to performance and that S was entitled to recover damages for non-acceptance
because M cannot reject the consignment on the basis of delay of time in coherence with performance of
contract.
Lalman Shukla v. Gauri dutt:
The defendant nephew absconded from home, and plaintiff the defendant servant was sent to search for boy
meanwhile defendant issued handbills stating rewards of RS 501 to whoever finds the boy. The plaintiff
who was ignorant to reward came with the boy. When he came to know of reward, announced in his absence
he filed a suit in order to claim his reward.
It was held that since plaintiff was ignorant of the reward his act of bringing the boy doesn’t amount to
acceptance of offer due to time and place for performance principle.
CONCLUSION
Performance of contract within specified time is essential – breach entitles the other party to consider it as
repudiation. Similarly contracts should be performed at proper place as prescribed in contracts. Otherwise
general rule for performance of contracts regarding time and place is followed. Any contract should be
performed as the manner it is prescribes in the contracts or general provision should be followed in cases
related to time and place for performance of contracts. Performance complete when parties fulfil their

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respective obligations arising under the contract – within time and manner prescribed in the contract –
actual performance or offer to perform must unless such performance dispensed with or excused.
Provisions related to the Time and place of performance of contracts:-
1) When no application to be made and no time specified – promisor to perform without application
by promisee – within reasonable time.
2) When time is specified and no application to be made – if date or day specified, promisor to perform
without application by promisee – during business hours – at place and on day as specified.
3) When application for performance on certain day and place – duty of promisee to apply for
performance at proper place and within business hours.
4) Application by promisor to promisee – when no place fixed, duty of promisor to apply to promisee
to appoint a reasonable place for performance of promise.
5) Performance in manner and at time specified by promisee.
Contracts Act defines provisions related to time and place for performance of contracts. Sections 46 to 50
and 55 of the Contract Act lay down the rules regarding the time and place for performance of a contract.