CONTRACT LAW ā Breach of Contract ā Time for Performance Where Contract is Silent
Principle Statement
If the contract agreement is silent as to the time of performance of a contractual obligation, the court will read into the contract a term that the performance is to be given within a reasonable time.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Edem v. Canon Balls Ltd. & Anor (2005) NLC-1291999(SC) at p. 24; Paras CāD.
"The law however, is that if the contract agreement is silent as to the time of performance of a contractual obligation, the court will read into the contract a term that the performance is to be given within a reasonable time."
Explanation / Scope
Where a contract does not specify a time for performance, the law implies a term that performance must occur within a reasonable time. What constitutes reasonable time depends on the circumstances of the case. The principle applies to contract law. The rule prevents contracts from becoming unenforceable due to omission of time. The court determines reasonableness based on trade custom and parties’ conduct.
