4.2-9 Time Provisions
Revised to January 1, 2008
Note: Give Instruction (A) or (B),
not both. See notes below (A) as to when that instruction is appropriate.
A. Contracts where time is "of
The contract here provides that "time
is of the essence." This means that if you find that the (defendant /
plaintiff) failed to perform on or before <date, event, etc.>, you must
find that the (defendant / plaintiff) breached the contract.
B. Contracts to be performed
in a reasonable time
The parties dispute whether the
(defendant / plaintiff) performed in a timely manner. The contract includes an
implied agreement that the (defendant / plaintiff) would perform the contract
within a reasonable time. The law does not specifically define "reasonable
time." It is for you to decide whether the (defendant / plaintiff) performed in
a "reasonable" time. What is reasonable depends on the nature, purpose and
circumstances surrounding performance.