Template:Time is of the essence capsule
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But as always, the dear old courts of chancery have to have their say. In equity, time is only fundamental to a contract if:
- it is expressed to be “of the essence”; or
- Otherwise, the circumstances indicate the time limit must be complied with exactly;
- Where neither of the above applies, but one party has been unduly delaysome, the other can give notice requiring performance within a reasonable time, therefore making time of the essence.