A promisor is to perform without any application by the promisee, and the contract fixes no time. Under section 46 of the Indian Contract Act, 1872, when must the promise be performed?
Question and options
A promisor is to perform without any application by the promisee, and the contract fixes no time. Under section 46 of the Indian Contract Act, 1872, when must the promise be performed?
Within a period that is reasonable on the facts
Immediately on the making of the contract
Within the three-year limitation period for contract suits
Only when the promisee demands performance
Answer and explanation
Section 46 of the Indian Contract Act, 1872 requires performance within a reasonable time where the promisor is to perform without application by the promisee and no time is specified; what is reasonable is a question of fact. Performance on demand concerns cases where the promisee must apply, under sections 48 to 50, and the limitation period governs when a suit may be filed, not when performance is due.
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