Time is of the essence

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{{time is of the essence capsule} Thanks to the Law of Property Act 1925, Section 41, the rules at equity now apply in contract as well. Eheu.

Grace periods and “the essence”

We have heard it argued that time being of the essence might override otherwise carefully negotiated grace periods. When challenged, the counsel in question was tongue-tied for a moment, before mumbling something about litigation over the Lehman administration[1] but could not, ultimately supply any grounds, let alone actual authority, for this proposition.[2] Time being of the essence means, more than anywhere, that one should assume the parties meant what precisely what they said. Here, one should pay exact attention to the time limits prescribed by a contract — including the grace periods so tediously injected into it — not ignore them.

See also

References

  1. As we all know, the Lehman administration was, in the Harry Potter universe, a Horcrux and, in our own, charted a new portion of legal space-time where normal rules of Euclidean geometry do not apply.
  2. Please write in if you can think of one.