Hawaii Pre-Licensing National Practice Exam

What does the phrase "time is of the essence" indicate in a contract?

1. Time can be flexible

2. The contract must be honored without delay

3. Deadlines can be extended

4. Only payments have strict deadlines

The correct answer is: The contract must be honored without delay

The phrase "time is of the essence" in a contract signifies that timelines and deadlines set forth in the contract are crucial and must be adhered to without delay. This means that any failure to meet the specified deadlines can result in a breach of the contract, and the other party may have the right to seek remedies, which could include cancellation of the contract or damages. This provision emphasizes the importance of timely performance and indicates that both parties have a mutual understanding that deadlines are essential to the agreement. In contrast, the other options suggest interpretations that undermine the urgency and strict adherence to deadlines that "time is of the essence" conveys. The idea that time can be flexible or that deadlines can be extended directly contradicts the principle behind this phrase, as it implies a leniency that is not intended in contracts where this phrase is included. Similarly, the notion that only payments have strict deadlines dismisses the broader implications of timely performance across all contractual obligations, not just financial ones.