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AMI 2423 Contract Interpretation—Time Not Expressed—Reasonable Time

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2423
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 24. Contracts
Contract Interpretation
AMI 2423 Contract Interpretation—Time Not Expressed—Reasonable Time
When a contract is silent as to when it must be performed, the law requires that it must be performed within a reasonable time. In determining whether the contract was performed within a reasonable time, you should consider the nature of the contract, the situation of the parties, and the circumstances surrounding the performance.
NOTE ON USE
This instruction may be appropriate in cases in which there is no alleged ambiguity.
If the contract is governed by Article 2 of the Uniform Commercial Code, use AMI 2503 and/or AMI 2511.
COMMENT
This instruction is based on the Restatement (Second) of Contracts § 204, cmt. d (1981).
In the context of a contract for harvesting timber, the court in Excelsior Mining Co. v. Willson, 206 Ark. 1029, 1032, 178 S.W.2d 252 (1944) applied “the fundamental principle that where a time is not specified for the performance of a contract, it should be performed in a reasonable time” considering all the facts and circumstances surrounding the transaction. For cases in accord with this instruction, see Laird v. Lacey, 263 Ark. 570, 566 S.W.2d 145 (1978); Pearce v. Hollis Const. Co., 212 Ark. 434, 206 S.W.2d 15 (1947); Erskine Williams Lumber Co. v. Burgess, 159 Ark. 431, 252 S.W. 353 (1923).
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