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Question
Elucidate the provision regarding time as a factor in performance.
Solution
1. Under Section 46, performance within a reasonable time:
According to Section 46, a promisor is to perform his promise within a reasonable time. On the other hand, a reasonable time will depend upon the circumstance of the case, the usage of trade, or on the intention of the parties entering into the contract.
Example: A has given an order of supply of books in July which should be performed within 4 to 5 days of the month of July.
2. Under Section 47, specified time and place for performance:
If the promise is to be performed on a certain day, the promisor may undertake to perform it without the application of the promisee. According to Section 47, 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.
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