Time, Place & Reciprocal Promises (Ss.46–54) — KSLU Contract I Notes

Time, Place & Reciprocal Promises

Where and when must a promise be performed, and in what order when both sides owe duties? Sections 46–54 answer these questions — and whether time is of the essence decides whether a late performance is a breach or merely a delay.

Time and place of performance (ss.46–50)

1. Where no time is fixed, the promise must be performed within a reasonable time (s.46).

2. Where a time is fixed, whether time is of the essence depends on the contract’s nature — in commercial/mercantile contracts it usually is; in contracts relating to immovable property it usually is not. If time is of the essence and performance is late, the contract becomes voidable at the promisee’s option (s.55); if it is not, the promisee may claim compensation for the delay but cannot avoid the contract.

3. Place — performance is at the place fixed, or at a place to be appointed on request (ss.47–49).

Reciprocal promises (ss.51–54)

Where promises are to be performed by each side, they are reciprocal promises. They may be mutual and independent, conditional/dependent (one must be performed before the other), or concurrent. Section 54 provides that where the performance of one promise depends on the prior performance of another, the party who fails to perform the first cannot claim performance of the second, and must compensate the other.

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