[3] "Time is of the essence" may also be contrasted with an "express condition", where a specific contract term must be performed to avoid breach, such as in the Court of Appeals of Indiana's decision in Dove v. Rose Acre Farms, Inc. 434 N.E.2d 931 (Ct. App.
[5] "The principle in Bramall & Ogden" (referring to the case of Bramall & Ogden v Sheffield City Council (1983) 29 BLR 73)[9] established that confused legal drafting can give rise to a situation where time is "at large" due to the absence of agreement on contractual time for performance.
The contract provided for liquidated damages applicable on the number of houses incomplete, and stated a date for completion as 6 December 1976.
The contract did not provide for sectional completion and the court held that the sectional basis on which the liquidated damages clause was to operate was inconsistent with the single end-date for anticipated completion, meaning that Sheffield were unable to enforce a damages claim for delay.
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