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CHAPTER IV OF THE PERFORMANCE OF CONTRACTS · Time and place for performance

Section 46: Time for performance of promise, when no application is to be made and no time is specified

The Indian Contract Act, 1872

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.

Questions on this section

1 question in 5 of our papers cite Section 46. Try these from the free papers:

  1. 1. Match List I (section of the Indian Contract Act, 1872) with List II (rule on time and place of performance): List I A. Section 46 B. Section 47 C. Section 48 D. Section 49 List II 1. Where performance is due on a certain day and the promisor has not undertaken to perform without application, the promisee must apply for performance at a proper place and within the usual hours of business. 2. Where performance is to be without application and no place is fixed, the promisor must apply to the promisee to appoint a reasonable place. 3. Where performance is to be without application and no time is specified, it must be made within a reasonable time. 4. Where performance is due on a certain day without application, the promisor may perform at any time during the usual hours of business on that day at the proper place.

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