performance


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Related to performance: Performance management

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 classic literature ?
No difficulty arose on either side in the agreement; and she waited only for the disposal of her effects at Norland, and to determine her future household, before she set off for the west; and this, as she was exceedingly rapid in the performance of everything that interested her, was soon done.
Vanstone not only gave Magdalen permission to assist the forlorn dramatic company, but accepted an invitation to witness the performance for Norah and himself.
His performance, therefore, might have been termed very respectable by abler judges than the hermit, especially as the knight threw into the notes now a degree of spirit, and now of plaintive enthusiasm, which gave force and energy to the verses which he sung.
After they were read, I was demanded to swear to the performance of them; first in the manner of my own country, and afterwards in the method prescribed by their laws; which was, to hold my right foot in my left hand, and to place the middle finger of my right hand on the crown of my head, and my thumb on the tip of my right ear.
The memorandum-book begins with the well-known words saying that `the management of the Opera shall give to the performance of the National Academy of Music the splendor that becomes the first lyric stage in France' and ends with Clause 98, which says that the privilege can be withdrawn if the manager infringes the conditions stipulated in the memorandum-book.
The performance was much like all acrobatic displays; but it must be confessed that the Japanese are the first equilibrists in the world.
The idea gave him spirits for the task, and his performance exceeded any thing the company had ever witnessed before.
To penalize a yacht in proportion to the fineness of her performance is unfair to the craft and to her men.
If a man deal with another upon conditions, the start or first performance is all; which a man cannot reasonably demand, except either the nature of the thing be such, which must go before; or else a man can persuade the other party, that he shall still need him in some other thing; or else that he be counted the honester man.
He advertised that he would "open his performance in the after cabin at 'two bells' (nine P.
Though the performance was proceeding, he walked deliberately down the carpeted gangway, his sword and spurs slightly jingling and his handsome perfumed head held high.
He was a man obviously on the way towards sixty, very florid and hairy, with much gray in his bushy whiskers and thick curly hair, a stoutish body which showed to disadvantage the somewhat worn joinings of his clothes, and the air of a swaggerer, who would aim at being noticeable even at a show of fireworks, regarding his own remarks on any other person's performance as likely to be more interesting than the performance itself.

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