Performance

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Related to Linguistic performance: Linguistic competence, descriptive grammar

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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
(2) I describe norms of linguistic performance and the language learning process from the perspective of one of the participating language groups of the Eastern Tukanoan family, the Wanano, located along the middle Uaupes River in northern Brazil.
* Does the academic competence of the postgraduate students specializing in English with Language emphasis reflect in their linguistic performance in English Intonation tune assignment?
The core chapters of the document (4-7) describe and classify all aspects and elements involved in linguistic performance, from tasks and strategies to language acquisition and language learning, from errors to curriculum design.
The fact that voodoo itself resembles a linguistic performance does not empty it of its power to change Catholicism into a syncretic religion and to use spirit possession as a method for voicing subversive ideas.
Madiha bint Ahmed al-Shibaniya, Minister of Education has confirmed in her speech on the occasion of the beginning of the school year that the linguistic performance, upgrading the students' learning by entering some developmental aspects in the curricula of the basic education period in general and Arabic language curricula in particular have been taken into consideration.
In Northern India, the Tabla is a ubiquitous instrument which accompanies Hindu religious songs (Bhajan), Sikh linguistic performances (Shabad), the ritual music of the Sufis (Qawwali) and Arabic sonnets (Ghazals).
Designed specifically for use in the Ontario educational context, the descriptors focus on linguistic performances that are observable by teachers during curriculum learning tasks.
Nonetheless, it is safe to assert that he has a speech-oriented, non-a priori understanding of linguistic performances. According to Virno, Chomsky and Foucault are unable to come to terms with the blind spots of their arguments: Chomsky tends to locate in the individual what in fact only belongs to the species, given the intrapersonal nature of language; and Foucault is unable to recognize that there is, indeed, a biological invariant defining "human nature":
Such thinking, in turn, "reflects a combination of technology and linguistic performances and, therefore, cannot and must not be reduced to a mere set of empirical data about test flights and budgetary figures" (p.
More specifically, Brandom holds, 'If any set of performances within a social practice is interpretable by us, in the sense that it can be mapped onto our linguistic performances so as to make conversation possible, then the social practice interpreted is a rational (linguistic) practice' (83).