§ 19-9 Contract - Time of the Essence

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 19-9 Contract - Time of the Essence

While express terms and provisions in a contract as to time are effective and cannot be ignored, such terms and provisions are often stated in such a manner as to require construction, and must be construed according to the intention of the parties.

Where the parties have agreed in their contract that performance is to be made within a specified time, then in that event, time is of the essence of the contractual agreement.

That means that performance by one party within the time specified in the contract is essential in order that he may require performance from the other party. Time may be made of the essence by the express stipulation of the parties in their contract, but it need not be stated in exact language. The provision that time is of the essence of the agreement may be inferred from the language of the contract and the conduct of the parties.

In trying to determine from the language of the contract and the conduct of the parties whether time is of the essence of a contract, the question must be one of the intent of the parties. There must be something connected with the purpose of the contract and the circumstances surrounding it making it apparent that the parties intended that the contract must be...