performance

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Related to Performance testing: Regression testing, Load testing

Performance

The fulfillment or accomplishment of a promise, contract, or other obligation according to its terms.

Part performance entails the completion of some portion of what either party to a contract has agreed to do. With respect to the sale of goods, the payment—or receipt and acceptance of goods—makes an oral sales contract, otherwise unenforceable because of the Statute of Frauds, enforceable in regard to goods for which payment has been made and accepted or which have been received and accepted.

Specific Performance is an equitable doctrine that compels a party to execute the agreement according to its terms where monetary damages would be inadequate compensation for the breach of an agreement, as in the case of a sale of land. In regard to the sale of goods, a court orders specific performance only where the goods are unique or in other proper circumstances.

performance

n. fulfillment of one's obligations required by contract. Specific performance of a contract may be demanded in a lawsuit. Partial performance is short of full performance spelled out in the contract, but if the contract provided for a series of acts or deliveries with payment for each of the series, there may be partial recovery for what has been performed or delivered even if there is not full performance. (See: specific performance)

performance

(Execution), noun accomplished fact, accomplishment, achievement, act, action, attainment, carrying into effect, carrying through, commission, consummation, culmination, deed, enactment, finnshed product, fulfilment, implementation, operation, perpetration, production, realization, rendition, work
Associated concepts: full performance, impossibility of perrormance, partial performance, performance bond, prevennion of performance
Foreign phrases: Non quod dictum est, sed quod factum est inspicitur.Not what is said, but what is done, is to be regarded. Lex non cogit ad impossibilia. The law does not require the performance of the impossible.

performance

(Workmanship), noun ability, achievement, action, aptitude, aptness, ars, art, artfulness, artificium, attainment, caliber, capability, capacity, competence, competency, composition, construction, craft, craftsmanship, creation, dexterity, effort, endowment, expertness, faculty, finesse, formation, forte, handiness, handiwork, ingenuity, manipulation, mastership, mastery, operation, opus, play, preparation, production, proficiency, qualification, quality of execution, quality of work, representation, show, skill, skillfulness, technique, virtuosity, work, working ability
See also: act, conduct, course, finality, fruition, function, histrionics, infliction, operation, part, proceeding, process, realization, role, transaction, undertaking

PERFORMANCE. The act of doing something; the thing done is also called a performance; as, Paul is exonerated from the obligation of his contract by its performance.
     2. When it contract has been made by parol, which, under the statute of frauds and perjuries, could not be enforced, because it was not in writing, and the party seeking to avoid it, has received the whole or a part performance of such agreement, he cannot afterwards avoid it; 14 John. 15; S. C. 1 John. Ch. R. 273; and such part performance will enable the other party to prove it aliunde. 1 Pet. C. C. R. 380; 1 Rand. R. 165; 1 Blackf. R. 58; 2 Day, R. 255; 1 Desaus. R. 350; 5 Day, R. 67; 1 Binn. R. 218; 3 Paige, R. 545; 1 John. Ch. R. 131, 146. Vide Specific performance.

References in periodicals archive ?
We have done performance testing for more than 20 million users in Hospitality, Travel, Tourism and Finance industries.
It is an enterprise-class offering that enables rapid test creation and real-time resolution for performance testing early and often throughout the development lifecycle.
For more information on Micro Focus' application performance testing offerings visit http://www.
Please join us for an exclusive webinar - Overcoming the Traditional Challenges of Performance Testing SAP Applications on June 16th at 11:00 a.
In addition, performance testing measured spectral noise floor measurements of -150 dBFS, which is seven times smaller than the smallest reproducible audio signal.
TFX personnel reviewed encrypted test data collected by the Performance Testing Organization and had this to say, "This is the first additive that we have ever seen improve performance in this type of test.
Ixia (Nasdaq:XXIA), a leading, global provider of IP performance testing solutions, announced today the latest release of IxScriptMate, its primary automated network test application.
The customer's success with Empirix was highly compelling, and demonstrated the importance of pre-deployment performance testing of VoIP equipment and services," said Greg Galitzine, editorial director, Internet Telephony magazine.
By joining the WIN Network, Segue(R) will be able to integrate SilkPerformer(R), an enterprise load and performance testing solution, with Wily(R) Introscope(R), an application performance management solution.
accomplishes that goal, offering automated unit testing, penetration testing, scenario testing, load and performance testing, and regression testing to make sure each of the individual components of the Web service are operating the way you would expect.
Highly flexible meshed data performance testing, allowing virtually any type of traffic configuration to be built up and then executed in an automated fashion

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