If time is deemed essential in a contract, what options does the promisee have if the contract is not fulfilled?

In a contract where time is deemed essential, the promisee has significant options if the contract is not fulfilled. When a term is integral to the contract, it indicates that timely performance is crucial to the agreement. If the other party fails to meet the deadline, the promisee can choose to rescind the contract, meaning they can terminate it and relieve themselves of any obligations. Alternatively, they can affirm the contract, which involves choosing to continue with the agreement despite the non-performance, potentially seeking damages for any losses incurred due to the delay.

This dual option allows the promisee flexibility in dealing with the non-fulfillment, depending on their circumstances and the overall impact of the delay on their interests. The possibility of rescission is particularly significant in situations where the timing of performance impacts the promisee's ability to achieve the contract's intended benefits.

In contrast, merely requesting a delay does not empower the promisee as it relies on the other party's compliance without a real resolution to the issue of non-fulfillment. The option of seeking legal counsel may be prudent, but is not the only course of action available. If the promisee believes they have no options, they risk forfeiting their rights under the contract, which is not the case as