Time for performance of promise, where no application is to be made and no time is specified (Section 46) 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.
Time and place for performance of promise, where time is specified and no application to be made (Section 47) When a promise is to be performed on a certain day, and the promisor has undertaken to perform it without 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.
Application for performance on a certain day to be at proper time and place. (Section 48) 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 performance at a proper place and within the usual hours of business.
Explanation.- The question “what is a proper time and place” is, in each particular case, a question of fact.
(Section 49) Place for 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 no 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 place.
(Section 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.
Explanation
The question “what is a reasonable time” is, in each particular case, a question of fact.
Time and place for performance of promise, where time is specified and no application to be made (Section 47) When a promise is to be performed on a certain day, and the promisor has undertaken to perform it without 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.
Application for performance on a certain day to be at proper time and place. (Section 48) 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 performance at a proper place and within the usual hours of business.
Explanation.- The question “what is a proper time and place” is, in each particular case, a question of fact.
(Section 49) Place for 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 no 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 place.
(Section 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.
Rules regarding Time and Place For Performance
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