Section 49
Place for performance of promise, where no application to be made and no place fixed for performance
Chapter 5: Of the performance of contracts
When a promise is to be performed without application by the promisee, and no place is fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise, and to perform it at such place.
Illustration.
A undertakes to deliver a thousand maunds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for the purpose of receiving it, and must deliver it to him at such place.
The Indian Contract Act, 1872 (Act No. 9 of 1872). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 46Time for performance of promise, when no application is to be made and no time is specified
- 47Time and place for performance of promise, where time is specified and no application to be made
- 48Application for performance on certain day to be at proper time and place
- 50Performance in manner or at time prescribed or sanctioned by promisee
- 51Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
- 52Order of performance of reciprocal promises