Reasonable time is that amount of time which is fairly necessary, conveniently, to do whatever is required to be done, as soon as circumstances permit. As a

U.S. The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 states and a federal capital district, Washington, D.C. The 48 contiguous ...

legal term, the phrase has been a topic of controversy for many years. It is generally used in reference to performing an action or remitting payment, but this is a very vague term which causes litigation problems in many court cases.

Uniform Commercial Code The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through U ...

section 2-206(2) requires that acceptance of an offer be made within a "reasonable time" if no time is specified:

European Union law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...

refers in the

Charter of Fundamental Rights of the European Union The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly procla ...

to: *A right to good administration: :''Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union'' (Article 41) *A

right to an effective remedy The right to an effective remedy is the right of a person whose human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by bo ...

and to a

fair trial A fair (archaic: faire or fayre) is a gathering of people for a variety of entertainment or commercial activities. Fairs are typically temporary with scheduled times lasting from an afternoon to several weeks. Fairs showcase a wide range of go ...

: :''Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law'' (Article 47). In 1998 the

European Court of Justice The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting ...

reduced the fine imposed on German business Baustahlgewebe for breach of the EU competition rules. In 1989 the

European Commission The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informall ...

adopted a determination that 14 producers of welded steel mesh had engaged in unlawful restrictions of competition. Baustahlgewebe appealed against the decision on 20 October 1989 but the

Court of First Instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...

did not rule on the case until 6 April 1995, five years and six months later. The Court of Justice held that the case had not been determined within a reasonable time and reduced the ECU 3 million fine by ECU 50,000 (a reduction of 1.67%). In the United Kingdom's service provision legislation (

Supply of Goods and Services Act 1982 The Supply of Goods and Services Act 1982c. 29 is an Act of the Parliament of the United Kingdom which requires traders to provide services to a proper standard of workmanship ("''with reasonable care and skill''"). Furthermore, if a definite c ...

, section 14, and the

Consumer Rights Act 2015 The Consumer Rights Act 2015 (c. 15) is an act of Parliament of the United Kingdom which consolidates existing consumer protection law legislation and also gives consumers a number of new rights and remedies. Provisions for secondary ticketi ...

, section 52), there is an

implied term A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as t ...

in a service contract which states that the supplier or trader must carry out the service "within a reasonable time". The term does not apply if the contract specifies a time or a manner for determining the time for the service to be performed. Also under UK law in relation to a

construction Construction are processes involved in delivering buildings, infrastructure, industrial facilities, and associated activities through to the end of their life. It typically starts with planning, financing, and design that continues until the a ...

dispute, section 108 of the Housing Grants, Construction and Regeneration Act 1996 provides a right for one party to a contract to refer a dispute to adjudication. In this context the courts will not recognise that a dispute exists until an issue has been raised by one party and the other party has had a reasonable time to consider the claim.King, C.
Insight: Defending an adjudication: Things to think about
''Fenwick Elliott'', Issue 90, March 2021, accessed on 16 November 2024 Some cases have addressed questions about the interpretation of "a reasonable time" when the period for addressing a claim covers a holiday period such as Christmas or Easter.Bingham, T.

published in ''Building'' magazine on 13 June 2003, archived on 20 February 2005, accessed on 16 November 2024

New Zealand cases

* Kean v Dunfoy

New Zealand cases

References

See also