The document discusses rules regarding time and place of performance under the Indian Contract Act of 1872. It outlines 5 key sections: 1. When no time is specified, performance must be within a reasonable time. 2. If a specific day is set, performance can be done within business hours on that day without a request. 3. If a day is set and performance requires a request, the promisee must apply during business hours. 4. If no place is set and no request is needed, the promisor must contact the promisee to set a reasonable place. 5. Performance can be done in any manner prescribed by the promisee. It also discusses circumstances when time

1. Time and
place of
performan
ce
indian contact act 1872 ,
performance of contract
RICHARD

2. Performance of contract
 Section 46 to 50 . It is for the parties of the
contract to determine the time and
place of contract

3. Time and place of performance
While making contract the parties ,
by mutual agreement decide
about time and place of contract.
.and both are expected to perform
their respective promises
accordingly

4. Rules regarding time
and place of contract
by indian contract act
1872

5. 1. Time is not prescribed and
performance is not to be applied
 Section 46 . Time of performance is not
been stipulated and the promisor has to
perform his promise without the request
or application of the promisee . Promisor
must perform his performance within
reasonable time . Reasonable time
depends upon the intention of parties ,
nature of contract and circumstances.

6. 2.Time is specified , performance
is not to be applied for
 Section 47 . When a promise is to be
performed on a certain day , the promisor
may undertake to perform it without the
application or the request by the
promisee , in such case the promisor may
perform the promise at any time during
usual business hours on such day .

7. Time is specified , performance
is not to be applied for
 Example . a agrees to supply 200 bags of
sugar to B on 1st october at a particular
price . A should deliver these bags to B
during usual business hours on 1st october .

8. 3. Application for performance
by promisee
 Section 48 . When a date of performance
is specified and the promisor has to
perform his promise on the application or
request of the promisee . Thus it is the duty
of the promisee to apply for performance
on that day . He must apply during usual
business hours .

9. Application for performance
by promisee
 Example . A agrees to supply 50 bags of
tea to B on 8th september . As per terms
of contrat B would apply for performance
. Thus on due date , with in usual business
hours , B must inform a regarding time
and place of supply of tea of bags to him

10. 4.No application of performance
and no place is fixed
 Section 49 . When , the place of
performance is not fixed and promisor has
to perform his promise without application
or request of promisee . Thus it is duty of
promisor that he must contact with
promisee as to decide about place of
performance and accordingly perform
the promise .

11. No application of performance
and no place is fixed
 In case , the place of performance is fixed
in a contract , promisor is bound to
perform at that place . The place which is
fixed in a contract must reasonable for
both the parties . Place of performance
implies both place for delivery of goods
and place of payment .

12. No application of performance
and no place is fixed
 Example . Ram entered in to a contract
for supplying 100 quintals of jute to syam
on 5th september at a specific price . On
due date of performance , Ram must
apply to syam for determining reasonable
place and must deliver the jute to him at
that place .

13. 5. Promise prescribes the manner
and time of performance
 Section 50 . According to this rule , the
promisor must perform his promise in any
manner and at any time , being
prescibed by the promisee .

14. Promise prescribes the manner
and time of performance
 Example . B owes to A , Rs. 10000 . A asks
B to deposit this amount in A’s bank
account . B deposits the amount in A’s
account after some time bank fails and A
has no information regarding transfer of
money to his account . There had been
good payment by B and in this way he is
discharged from obligation .

15. Promise prescribes the manner
and time of performance
 Example 2 . A owes Rs. 5000 to B . B
agrees to accept some goods supplied
by A in the deduction of the debt . The
delivery of goods will be considered as a
part of payment .

16. Time & Place of Performance
Section 46 -50
 It is for the parties to a contract to decide
about the time and place of contract for
the performance of contract.

17. Time as the essence of
contract
 Section 55 .Intention of the parties is clear
that the time is the essence of the
contract and if the promiser fails to
perform the obligation in the time fixed ,
the contract becomes voidable at the
option of the promisee and he can aviod
contract

18. Time is not as the essence of
contract
 Section 55 . If the intention of the parties is
such that the time is not as the essence of
contract . Time does not make the
contract voidable .

19. Acceptance of performance
out of time
 When the promisee accepts performance
of a promise at any time other than that
agreed , the promisee cannot claim
compensation for any loss caused by the
non performance of the promisee unless
at the time of such acceptance he gives
notice to the promiser of his intention so to
do

20. THANK
YOU

21. Time as the essence of
contract
 Section 55 . when the party to a contract ,
promises to do certain things at or before
the specified time and fails to do any
such thing at or before the specified time
the contract or so much of It , has not
been performed , becomes voidable at
the option of the promisee , if the
intension of the parties was that , the time
should be of the essense of the contract .

22. Time as the essence of
contract
 It is usual on the part of the parties to decide
about the time of performance at the time of
making contract . In this case, the promisor
must perform his promise with in such
stipulated time , In other cases , reasonable
time must be followed for the performance
 the time of performance stipulated by the
parties does not became as essence of
contract unless the parties have an intension
to do so .

23. THANK
YOU

25. 1. Sec.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.

26. Sec. 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.

27. . Sec. 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.

28. Sec.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.

29. . Sec.50 Performance in
manner or at time
. Sec.50 Performance in manner or at time
prescribed or sanctioned by promisee
 The performance of any promise may be
made in any manner, or at any time
which the promisee prescribes or
sanctions.

30. Time as the essence of the
contract
1. When time is of the essence of the
contract
2. When time is not of the essence
3. Extension of time, performance within
extended time is proper performance

31. CIRCUMSTANCES WHEN
CONTRACT NEED NOT BE
PERFORMED
A promisse under an agreement which is
void or illegal ab initio
If parties to a contract agree to substitute a
new contract