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Under Section 46 of the Indian Contract Act, 1872, where a promisor is to perform his promise without…

Section 46 of the Indian Contract Act, 1872 provides: 'Where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for…

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Under Section 46 of the Indian Contract Act, 1872, where 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:

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Answer and explanation

Correct answer D

Section 46 of the Indian Contract Act, 1872 provides: '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.' The Explanation to Section 46 states that the question 'what is a reasonable time' is, in each particular case, a question of fact.

Option feedback

Option A

Incorrect. Section 46 of the Indian Contract Act, 1872 does not prescribe a fixed three-year period for performance (three years is a limitation period for suits under the Limitation Act, not the contractual time for performance under Section 46).

Option B

Incorrect. Section 46 of the Indian Contract Act, 1872 does not fix a two-year period for performance.

Option C

Incorrect. Section 46 of the Indian Contract Act, 1872 does not fix a one-year period for performance.

Option D

Correct. Section 46 of the Indian Contract Act, 1872 expressly provides that 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 (which by the Explanation to Section 46 is a question of fact in each particular case).

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