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Section 41: Time and place for contract performance

41.Time and place for performance

(1)Where a promisor is to perform a promise in a contract without a request by a promisee and time for performance is not specified in the contract, the engagement shall be performed within a reasonable time.

(2)Where a promise is to be performed on a specific day and a promisor undertakes to perform the promise without a request by a promisee, the promisor may perform it at any time during the usual hours of business on that day, at the place at which the promise ought to be performed.

(3)Where a promise is to be performed on a specific day and a promisor does not undertake to perform the promise without a request by a promisee, the promisee may apply for the performance of the promise at a proper place within the usual hours of business.

(4)Where a promise is to be performed without a request by a promisee and a place for its performance is not fixed, a promisor may apply to the promisee to appoint a reasonable place for the performance of the promise.

(5)Subject to the provisions of this section, the performance of a promise may be made in any manner and at any time which a promisee prescribes or sanctions.

(6)Determination of what a proper time or a proper place is, shall, n each case, be a question of fact.

Plain English Summary

You must perform your promise within a reasonable time if the contract does not set a deadline. If a specific day is agreed, you may perform it during...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

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