Performance

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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 ?
Provides: Dance class, masseuse during performances, worker's comp.
Global competition has led paper mills to seek vital competitive advantages by improving performance without major capital investment.
More a psychic scrapbook than a conventional chronology of the artist's work, the volume presented photographs of meditating monks in Thailand; turn-of-the-century photos of a female medium producing ectoplasm; documentation of some of Abramovic's own work; and canonical images of performances by every artist she reprises in Pieces (and a few she doesn't, such as Chris Burden, who denied her request to perform his 1974 Trans-Fixed)--all plotted out like the branches of a carefully constructed family tree.
Activities upon which PBA is based, commonly referred to as performances, help prospective leaders learn how to lead.
Comparison of different performances recorded on the Yamaha Disklavier offers students the opportunity to analyze, while slowing the tempo in playback and listening repeatedly.
(4) Since 1997, the WSP has reviewed and redesigned a significant portion of its system's infrastructure, including a new agency strategic plan (a 5-year plan updated annually) supported by individual district and division plans; new awards program selection criteria; revised sergeant and lieutenant promotional processes; re-engineered training processes; revised job performance appraisal systems; and a new management tool (loosely modeled after one devised by the New York City Police Department), the Strategic Advancement Forum.
McCauley chooses performance as her means of surviving trauma, using her words and her body to revise black female subjectivity, performing herself and her link to black cultural traditions back into existence after their cessation.
Before discussing the performances themselves, Aercke establishes their historical contexts and erects a useful and convincing theoretical frame.
While these programs helped curb payroll costs, they didn't accomplish the goal of linking employee pay to organizational/individual performance. Increasingly, many believe traditional pay programs are not productivity related and that they simply continue to driv up the cost of doing business.
Number of performances: 5 programs/ 35 performances.
While it has been reported that anxiety increases when there is widely spaced exposure to anxiety ensuing situations, (2) such performances increase the musician's confidence level, and the performer is able to gain self-knowledge within the performance venue.
Programs designed to prepare educational leaders are under increasing pressure to include more authentic, field-based performances as a component of their programs.