performance


Also found in: Dictionary, Thesaurus, Medical, Financial, Acronyms, Idioms, Encyclopedia, Wikipedia.
Related to performance: Performance management

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 ?
To ensure apples-to-apples analysis, competitors should be picked on the basis of multiple, clearly defined criteria: industry, size, complexity, business model/life cycle, performance and/or other critical scope.
Welcome to the world of executive pay for performance.
However, Derouza and Fleming (2003) and Haberyan (2003) studied science students and found that student performance was not strongly impacted.
The playback feature ensures exact mechanical replication of the sounds produced in the original performance.
Search for performance problems that result from query interactions, such as when two queries are executed at the same time; and
CPAs and financial managers face a greater burden than ever to evaluate business performance accurately and in real time.
Jazz Instrumental Performance, Individual or Group: ``Like Minds,'' Gary Burton, Chick Corea, Pat Metheny, Roy Haynes and Dave Holland
Spotlight roadblocks to achieving high SAN performance and provide some real-world advice for achieving performance breakthroughs.
Likewise, subordinates can suggest ways for supervisors to improve their performance and help develop their potential.
All the enumerated examples of acceptable "business criteria" for which an objective performance goal may be established are measures of financial performance.
Most indicate a company's size (which is usually measured by sales or total assets) is strongly related to CEO compensation, while its performance (which is usually measured by accounting or stock market rates of return on total assets) is not.
Verint Performance Management is designed to enable organizations to identify the most important performance indicators buried in large volumes of contact center and back office data and transforms performance management from a metrics-driven to results-driven initiative.

Full browser ?