How time and place for performance of contract is determined?

 Performance means doing of that which is required by the contract. Discharge by performance takes place when the parties to the contract fulfill their obligations arising under the contract within the stipulated/ reasonable time and in the manner prescribed by the contract. The parties are free to decide as to when and where the performance is to be made.

Sections 46 to 50 lay down the principles for the performance of contracts containing different stipulations as to time and place for performance of the contracts.

The provisions of section are as follows:

1. Time for performance of promise, where no application is to be made and no time is specified (Section 46) – According to section 46 where, by the contract, a promise is to perform his promise without application by the promise and no time for performance is specified, the engagement must be performed within reasonable time.

2. Time and place for performance of promise of promise where time is specified and no application to be made (Section 47) – According to section 47 when 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 usual hours of business on such day and at the place which the promise ought to be performed.

3. Application for performance on 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 promise, it is the duty of the promisor to apply for performance at a proper place and within the usual hours of business.

4. Place for performance of promise, where no application to be made and no place fixed for performance (Section 49) – When a promise is to be performed without application by the promisee, and no place is fixed for the performance of it, it is duty of the promisor to apply to the promise to appoint a reasonable place for performance of the promise and to perform it at such place. The Law Commission in its 13th report stated that the explanation may be added to section 49 incorporating the rule of English Common law.

5. Place in any manner or at time prescribes or sanctioned by promise (Section 50) – The performance of any promise may be made in any manner or at any time which the promise prescribe or sanction.