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 ?
Attendances at Aintree evening meetings in recent years were disappointing until the introduction of pop concerts, and clearly the vast majority of the Friday attendance was there to see Girls Aloud and not the heroics of Richard Johnson et al competing in the most foul weather.
The pop concert was due to be a celebration of radio station Radio City's 30th birthday.
The former S Club 7 singer who is now carving a successful solo career will play the biggest free pop concert in Wales in Cardiff next month.
A HUGE rock and pop concert will mark the Olympic torch's return to the UK.
JUST weeks after the Golden Jubilee pop concert in the gardens at Buckingham Palace, the Prince tried his luck on an electric guitar belonging to Nick Byrne of Mid-Wales rock band The Marshalls yesterday.
The fire, which lasted about an hour, took hold as final rehearsals for the Queen's Golden Jubilee pop concert took place in the gardens below.
A huge pop concert was planned at Millennium Point featuring chart-topping artists including Sugababes, Alexandra Burke, Calvin Harris and The Noisettes.
She was at a pop concert when the manicdepressive murdered her "angels" at home in Bodelwyddan, North Wales.
She said: 'To have a big pop concert to say 'let's make the world a better place, let's make poverty history but you don't have to do anything in particular' starts to demean the seriousness of the suffering of those who are oppressed and suffering.
POP CONCERT may be the `wild man' of coursing, but he's also a considerable talent, as he showed when winning the pounds 500 Walker Cup at Swaffham last Tuesday.
The singer is set to lead the nation in the 1967 anthem All You Need is Love at the Golden Jubilee pop concert next weekend.
I don't know who Ozzy Osbourne is but please don't quote me on that - Senior royal source on the Black Sabbath singer who will take part in a Buckingham Palace pop concert on June.