Written by attorneys · grounded in primary & secondary sources — see below
A standard of timeliness requiring a party to act without undue delay under the circumstances to satisfy a legal obligation or preserve a privilege.
Dana uploaded a qualifying short film to StreamFlix's rarely used submission link knowing the platform's system often failed to flag new uploads. She took no further steps to alert the company. StreamFlix never discovered the upload and refused payment. Because Dana had reason to know the offeror lacked adequate means to learn of performance with reasonable promptness and certainty, the company's duty was discharged.
Rebecca Ross remained on Ronald Reed's property after Reed withdrew consent to her presence. She knew of the withdrawal well in advance yet lingered for several days before leaving. Reed sued for trespass. Because Rebecca failed to depart with reasonable promptness after learning consent had ended, her continued presence was not privileged.
Select any source to read its text and confirm it supports the definition.
Roger Ramirez left heavy machinery on Riley Rivera's land after Rivera terminated consent for its presence. Ramirez waited weeks before returning to retrieve the equipment even though he knew of the termination in advance. Rivera sued for trespass to chattels. Because Roger did not remove the machinery at a reasonable time and with reasonable promptness, his reentry was not privileged.
Customer Carla received her monthly bank statement listing several unauthorized charges. She waited six weeks before examining the statement and notifying the bank. The bank refused to recredit the account. Because Carla failed to exercise reasonable promptness in reviewing the statement and reporting the items, she was precluded from asserting the unauthorized signatures.
Notice is not required unless the offer requests it. When the offeree has reason to know the offeror lacks adequate means of learning of the performance with reasonable promptness and certainty, the offeree must exercise reasonable diligence to notify, the offeror must actually learn of the performance within a reasonable time, or the offer must indicate notice is unnecessary. Failure to satisfy one of these conditions discharges the offeror's duty.
Supporting sources
No. The standard requires action without undue delay given the surrounding circumstances. In land-privilege cases, a person whose consent has been withdrawn must leave or remove chattels at a reasonable time and in a reasonable manner unless advance knowledge of termination existed. The inquiry focuses on what is reasonable under the facts rather than an inflexible deadline.
Supporting sources
If the offeree knew the offeror had no reliable way to discover the performance, unreasonable delay in notification discharges the offeror's duty. Courts examine whether the offeree used reasonable diligence to notify or whether the offeror actually learned of the performance within a reasonable time. The offer itself controls whether notice is required at all.
Supporting sources
…and investigation shall be commenced as soon as practicable after the issuance of this Order and shall be completed within reasonable promptness; that the inspection and investigation shall extend to the establishment or other area, workplace, or environment where work is performed by employees of the employer, Barlow's Inc., and to…