Wanted: A more positive article 15[1]
The expressions “reasonable time”
and “without delay”, because of their non-specific nature, came under intense
scrutiny during the drafting of UCP 600. “Without delay” survived, but the appearance
of the expression “reasonable time” in sub-article 13(b) of UCP 500 was to be
its last. The latter was removed completely from UCP 600. Five years on, few
seem to feel its absence.
“Without delay” conveys a greater sense of
urgency than “reasonable time”. “Reasonable time” stretches the permitted time
to an outer limit that could perhaps be justified under a given circumstance. Yet,
both of the expressions are subjective in nature; neither indicates any
definitive time frame nor a globally acceptable standard. It’s debatable whether any period could, in all fairness, be set as a “reasonable
time”. Hence, it could not be part of any internationally applicable rules. If
considered from a technical or legal point of view, a definite number of days was desirable. But even in its absence,
most people preferred clear definitions and guidelines, black-and-white
solutions over stipulations that were indefinite or vague in nature. A definite
period was easier to handle. Compliance, or its breach, was easier to determine.
“Without
delay”
The term “without delay” posed
similar problems. (Contd.....)
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