delivery timeliness

Definition

In general, timeliness of a contract is deemed a warranty—an incidental point and not a central point like a condition. Therefore, a failure to adhere to a time schedule would amount to a breach of warranty (for which the injured party may sue for damages) and not a breach of condition (for which the injured party may terminate the contract). If adherence to a schedule is vital, it must be made a specific condition by using precise wording (such as the traditional phrase, “Time is of the essence”).