I do not understand why the clause "time is of the essence" would be necessary? If a contract states that something needs to be done on a certain date, isn't it clearly a violation if that is not done? For example "the repair man will fix the alarm system by February 1st." and he hasn't, why wouldn't this be a violation of the contract?

Is it that "time is of the essence" means it's a material violation, and not a non-material violation?


It would be a violation of the contract and you could sue for damages; but you would not be entitled to terminate the contract unless the guy was unreasonably late. If he does it on February 2 your damages would be ... $1.99? Maybe?

However, "time is of the essence" makes time a term of the contract, rather than a warranty. If he doesn't do it by Friday you can terminate the contract. Oh, and sue for damages which could include the difference in price charged by the next repair man.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.