performance

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Related to occupational performance: CAOT, COPM

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 ?
Occupational performance and strategies for managing daily life among the elderly with heart failure.
The Canadian Occupational Performance Measure as an outcome measure and team tool in a day treatment programme.
In addition, the Academic and Occupational Performance subscales exhibited low test-retest reliabilities, which may reflect fluctuations in priorities and accompanying behaviors over the semester period.
Carswell A, McColl MA, Baptiste S, Law M, Polatajko H, Pollock N (2004) The Canadian Occupational Performance Measure: A research and clinical literature review.
Motor performance is one domain that paediatric occupational therapists frequently assess since it is a primary skill that underpins occupational performance (Brown, Rodger, Brown, & Roever, 2005; Rodger, Brown, & Brown, 2005).
The Canadian Occupational Performance Measure (COPM) [20] was developed to identify and prioritize patient-specific occupational problems and evaluate changes in these problems.
Neuropsychology for occupational therapists; cognition in occupational performance, 3d ed.
I offer my apologies to the Joint Safety Committee for the inaccurate and misleading occupational performance trends previously reported.
Conclusion: The goal of this program is for the adolescents to increase their occupational performance success by improving perceptions of self-efficacy, performance of a healthy lifestyle, and developing interpersonal skills.
The child with developmental delay had opportunity to maximize her occupational performance through the influence of sibling participation, while the others enjoyed the attention and activity that comes with inclusion.

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