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If it was not the intention of the parties that time should be of the essence of the contract -
the contract becomes voidable by the failure to do such thing at or before the specified time
the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure
the contract is void ab intio
none of the above
Section 55 - 55. Effect of failure to perform a fixed time, in contract in which time is essential. When a party to a contract promises to do a certain thing at or before a specified time, or 48certain thins at or before a specified time and fails to do such thing at or before a specified time, and fails to do such thing at or before a specified time, the contract or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of essence of the contract. Effect of such failure when time is not essentialIf it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing at or before the specified time; but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure. Effect of acceptance of performance at time other than agreed uponIf, in case of a contract voidable on account of the promisor's failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than agree, the promisee cannot claim compensation of any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of acceptance, he give notice to the promisor of his intention to do so.
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