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 ?
According to Gartner's recently published Market Guide for Performance Testing, "Demand for performance-testing solutions will quickly increase, with faster delivery of new business functionality to more complex IT environments.
TenXLabs is holding a webinar on 'Digital Enterprise - Performance Testing on the Cloud '.
Application performance engineering solutions provider Shunra said today that it is now offering a free download of a tool for mobile application performance testing.
This publication provides the applicable standards, documents, and references for ASTM D 4169, Standard Practice for Performance Testing of Shipping Containers and Systems.
Designed for installation on a team's development server, the new tool allows automatic performance testing via unit test assertions, making it ideal for detecting if query performance has improved or degraded from a previous test.
This eliminated the conundrum of having to comply immediately upon completing performance testing, but without having established compliance performance parameters in an approved OM&M plan.
The testing covered three real-time rating scenarios and performance testing that highlighted the linear scalability of the software.
Available as free downloadable software, CloudTest Lite removes the barriers to performance testing Web and mobile applications at any stage in the development lifecycle.
Ian Molyneaux is a Subject Matter Expert for Performance Testing at Micro Focus.
SAN FRANCISCO, July 9, 2015 /PRNewswire/ -- BlazeMeter, the provider of continuous performance testing as a service for mobile, web and APIs, announced today that it has joined AWS CodePipeline third-party network.
Worksoft's solution provides a more efficient method of performance testing that improves end-user responses times, application availability and the overall performance characteristics of SAP applications.

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