Sales of goods act
Amit Prabhulkar
(Querist) 25 August 2011
This query is : Resolved
Stipulations as to time (Sec 11)
Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not
deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of
the contract or not depends on the terms of the contract.
I want to understand the meaning of the above statement
Guest
(Expert) 25 August 2011
The time is essential as per the wordings of the contract. If it is silent the act of parties and the conduct and nature of transaction implies the time whether it is essential or not. If time is essential the ready and willing has to be performed within the stipulated period. otherwise no bar upon the party to specifically to enforce the same.
