When a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified times, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of the essence of the contract.
Effect of such failure when time is not essential.—If it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing at or before the specified time; but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure.
Effect of acceptance of performance at time other than that agreed upon.—If, in case of a contract voidable on account of the promisor’s failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of such acceptance, he gives notice to the promisor of his intention to do so.1
State Amendment (as printed in the official text)
Uttar Pradesh
Amendment of section 55.—In section 55 of the Principal Act, in the third paragraph, for the words “unless at the time of such acceptance he gives notice to the promiser of his intention to do so”, the words “where at the time of such acceptance he has waived his right to do so” shall be substituted.”
[Vide Uttar Pradesh 57 of 1976, s. 26]
Footnotes in the official text
- 1.C.f. ss. 62 and 63, infra.