Bankruptcy Section
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What does “time is of the essence” mean?
A contract that contains the language “time is of the essence” has set forth that specific event must occur by a date certain. In this instance, if the time frame is not met, the non-performing has materially breached the contract and could be responsible for the other party’s damages, if any. Most contracts do not contain time is of the essence clauses and the time for performance is determined to be “within a reasonable time.”
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