In cases under Article 6.1.1(b) or (c), a party must perform its obligations at one time if that performance can be rendered at one time and the circumstances do not indicate otherwise.
A party’s performance is of necessity sometimes rendered at one time (e.g. delivery of a single object), or, alternatively, must take place over a period of time (e.g. construction). There are however also cases where it can be rendered either at one time or in instalments (e.g. delivery of quantities of goods). This Article addresses the latter situation, in circumstances where there is no contractual provision as to how such performance should be rendered, or where it is not determinable from the contract. The principle stated is that performance is due at one time, unless the circumstances indicate otherwise.
1. A promises to deliver 100 tons of coal to B “in March”. It would be materially possible and perhaps convenient for A to deliver the 100 tons in instalments, for instance 25 tons each week of the month. In principle, however, according to Article 6.1.2, A must deliver the 100 tons at one time.
2. The facts are the same as in Illustration 1, except that B needs the coal gradually, to meet the needs of its operations. B also has limited storage facilities and could not cope adequately with a consignment of 100 tons at any one time. A knows of B’s specific needs. Here the circumstances suggest that A should deliver in instalments during the month of March.