Legal Memorandum: Time for Performance of a Contract

Issue: If a contract does not specify a time for performance, when must the contract be performed?

Area of Law: Business Organizations & Contracts
Keywords: Contract; Time for performance
Jurisdiction: Pennsylvania
Cited Cases: None
Cited Statutes: Restatement (Second) of Contracts § 204
Date: 03/01/2007

The fixing of no definite time for performance does not mean a party may act at any time. See ContiMortgage Corp. v. Mortgage Am., Inc., 47 F. Supp. 2d 575, 577 (E.D. Pa. 1999) (the “court explicitly rejected the defendant’s argument that the absence of a time frame permitted defendant to make a demand at any time”).  Rather, when the time for performance is unspecified, “courts will require that the obligation be performed within a reasonable time.”  Id. at 577; Restatement (Second) of Contracts § 204. 


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