Download 416.19 Interpretation – Reasonable Time

416.19 INTERPRETATION — REASONABLE TIME
If a contract does not state a specific time within which a party is to perform a
requirement of the contract, then the party must perform the requirement within a
reasonable time. What is a reasonable time depends on the facts of each case, including the
subject matter and purpose of the contract and the expressed intent of the parties at the
time they entered into the contract.
SOURCES AND AUTHORITIES FOR 416.19
1. Whenever a contract fails to provide a specific time for performance, the law implies a
reasonable time for performance. Patrick v. Kirkland, 43 So. 969, 971 (Fla. 1907); De Cespedes
v. Bolanos, 711 So.2d 216, 218 (Fla. 3d DCA 1998); Fleming v. Burbach Radio, Inc., 377 So.2d
723, 724 (Fla. 4th DCA 1980).
2. The decision of what constitutes a reasonable time for performance is ordinarily a
question of fact for the jury or fact-finder. L.P. Sims v. Am. Hardware Mut. Ins. Co., 429 So.2d
21, 22 (Fla. 2d DCA 1982).
The determination of what constitutes a reasonable time for performance depends on the facts of
each case, such as the subject matter of the contract, the situation of the parties, and the parties’
agreement when they entered into the contract. Sound City, Inc. v. Kessler, 316 So.2d 315, 317
(Fla. 1st DCA 1975); Cocoa Props., Inc. v. Commonwealth Land Title Ins. Co., 590 So.2d 989,
991 (Fla. 2d DCA 1991); Sharp v. Machry, 488 So.2d 133, 137 (Fla. 2d DCA 1986).