Week 9 - Section 46 - 50

46. 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.  
Time and place for performance of promise where time is specified and no application to be made  
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 the usual hours of business on such day and at the place at which the promise ought to be performed.  
Illustration  
A promises to deliver goods at B's warehouse on the first January. On that day A brings the goods to B's warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise.  
Application for performance on certain day to be at proper time and place  
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 promisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business.  
Explanation – The question "what is a proper time and place" is, in each particular case, a question of fact.  
Place for performance of promise were no application to be made and no place fixed for performance  
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 the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise, and to perform it at such place.  
Illustration  
A undertakes to deliver a thousand maunds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for the purpose of receiving it, and must deliver it to him at such place.  
Performance in manner or at time prescribed or sanctioned by promisee  
50. The performance of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions.  
Illustrations  
(a) B awes A 2,000 Taka. A desires B to pay the amount to A's account with C, a banker. B, who also banks with C, orders the amount to be transferred from his account to A's credit, and this is done by C. Afterwards, and before A knows of the transfer, C fails. There has been a good payment by B.  
(b) A and B are mutually indebted. A and B settle an account by setting off one item against another, and B pays A the balance found to be due from him upon such settlement. This amounts to a payment by A and B, respectively, of the sums which they owed to each other.  
(c) A owes B 2,000 Taka. B accepts some of A's goods in reduction of the debt. The delivery of the goods operates as a part payment.  
(d) A desires B, who owes him Taka 100, to send him a note for Taka 100 by post. The debt is discharged as soon as B puts into the post a letter containing the note duly addressed to A.  

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