Question

Suppose, time is of the essence of the contract but yet promisor does not perform the promise within the stipulated time. But five days after the expiry of the stipulated time, the promisor offers to perform his promise. Can the promisee accept such performance and at the same time claim compensation from the promisor for the delay?

Answer 1

Yes, but for claiming compensation, the promisee must notify the promisor of his intention to claim compensation at the time of accepting the performance.