Time and place for performance

Where, by the contract, a promisor is to

46. Time for
perform his promise without application
performance of
by the promisee, and no time for
promise, when performance is specified, the engagement
no application is must be performed within a reasonable
to be made and time.
no time is
specified
47. Time and When a promise is to be performed on a certain
day, and the promisor has undertaken to perform it
place for without application by the promisee, the promisor
performance may perform it at any time during the usual hours
of promise, of business on such day and at the place at which
the promise ought to be performed
where time is
specified and Example- A promises to deliver goods at B‟s
warehouse on the first January. On that day A
no application brings the goods to B‟s warehouse, but after the
to be made usual hour for closing it, and they are not received.
A has not performed his promise.
 When a promise is to be performed on a certain
48. Application day, and the promisor has not undertaken to
for performance perform it without application by the promisee, it
on certain day to is the duty of the, promisee to apply for
performance at a proper place and within the
be at proper usual hours of business.
time and place
 When a promise is to be performed without
49. Place for application by the promisee, and no place is
performance of fixed for the performance of it, it is the duty of
promise, where the promisor to apply to the promisee to appoint
a reasonable place for the performance of the
no application to promise, and to perform it at such place
be made and no Example- A undertakes to deliver a thousand
place fixed for maunds of jute to B on a fixed day. A must apply
performance to B to appoint a reasonable place for the
purpose of receiving it, and must deliver it to him
at such place.
50. Performance in manner or The performance of any promise may be made
at time prescribed or in any manner, or at any time which the promisee
sanctioned by promisee.—The
performance of any promise prescribes or sanctions.
may be made in any manner, or
at any time which the example - 1) A owes B 2,000 rupees. B accepts
promisee prescribes or some of A‟s goods in reduction of the debt. The
sanctions. delivery of goods operates as a part payment.

2) 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