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2006 Ohio Revised Code - 1301.10. (UCC 1-204) Time; reasonable time; seasonably defined.

§ 1301.10. (UCC 1-204) Time; reasonable time; seasonably defined.
 

(A)  Whenever Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code require any action to be taken within a reasonable time, any time that is not manifestly unreasonable may be fixed by agreement. 

(B)  What is a reasonable time for taking any action depends on the nature, purpose, and circumstances of that action. 

(C)  An action is taken "seasonably" when it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time. 
 

HISTORY: 129 v S 5 (Eff 7-1-62); 144 v H 693 (Eff 11-6-92); 146 v S 155. Eff 8-15-96.
 

Not analogous to former RC § 1301.10 (RS § 3171g; 95 v 171; GC § 8113; Bureau of Code Revision, 10-1-53), repealed 129 v S 5, § 2, eff 7-1-62.

 

Official Comment

1. Subsection (1) recognizes that nothing is stronger evidence of a reasonable time than the fixing of such time by a fair agreement between the parties. However, provision is made for disregarding a clause which whether by inadvertence or overreaching fixes a time so unreasonable that it amounts to eliminating all remedy under the contract. The parties are not required to fix the most reasonable time but may fix any time which is not obviously unfair as judged by the time of contracting. 

2. Under the section, the agreement which fixes the time need not be part of the main agreement, but may occur separately. Notice also that under the definition of "agreement" (Section 1-201) the circumstances of the transaction, including course of dealing or usages of trade or course of performance may be material. On the question what is a reasonable time these matters will often be important. 

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