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.

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 ?
This technology permits one to compare performances in terms of technical skills and personal interpretation, and to examine difficult-to-notate elements of timing and dynamics in detail, such as specifically where and to what extent to ritard or accelerate the tempo.
The MIDI data from the performances were analyzed in terms of expressive timing and dynamics using Logic sequencing software.
Students should be able to use their own performances as reliable guides for efficacy.
Learners also may draw on others' performances to build their own self-efficacy.
Jakob Dylan's ``One Headlight,'' an alternative-rock radio staple, took top honors for best rock performance by a duo or group with vocal, as well as best rock song.
Kelly won three awards, including best R&B song and best R&B male vocal performance for his chart-busting ``I Believe I Can Fly'' from the ``Space Jam'' soundtrack.
It is important for performers to seek methods to deal with the feelings accompanying performance anxiety.
Video- or audiotape practice sessions, reviewing the tape, critiquing the performance.
Several stages were set up for live performances, which cut down on set up time, and the casts of two Broadway shows - ``Riverdance'' and ``Bring in 'da Funk, Bring in 'da Noise'' - utilized the large main stage for a tap-dancing showdown.
Similarly, athletes such as Jack Nicklaus, Michael Jordan and Nancy Kerrigan prepare for performance by "seeing" and "feeling" themselves performing key actions successfully in their "mind's eye.
Students are interrupted frequently, given critical feedback about flawed performances and asked to repeat sections, incorporating their teachers' feedback.
Performance measures allow employees to see clearly what management cares about and the results it wants.