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. 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 ?
Provides: Extensive performances, intensive training.
With a focus on full realization of sustainable potentials to support highest values of the green design development and maximize LEED achievements for our clients, Floor Fantasy presents a sustainable standard of choice: Environmentally Friendly Exclusive Signature Style Green Line Bamboo Flooring Collection to achieve higher standards of sustainability in the development of high performance Buildings.
Dye: "Performance apparel should deliver the obvious--it performs.
To test student performance, the students in the course were given the same treatments (faculty, syllabus, texts, course preparation materials, and tests) for all years of the study.
The challenge is in focusing on the few key drivers that can predict and measure corporate performance. Innovative companies are doing so through use of "leading" or performance-driven metrics.
* If "rollover" is used, the contractor may only earn a portion of the fee that was rolled over, even for subsequent excellent performance. Factors to consider in determining how much to reduce the available rollover fee include how close the contractor came to meeting the scheduled milestone in terms of cost, schedule, and performance.
But the true power of the visualization layer is its interactive ability to quickly sort and display the consolidated performance metrics in order to highlight the high priority requirements and provide guidance on the actions required.
TPC Benchmark, TPC-C, tpmC and $/tpmC are trademarks of the Transaction Processing Performance Council.
Over the last fifteen years or so, the most probing analyses of performance art have come to regard its inherent ephemerality as its greatest strength.
Latency--the fraction of a second it takes for the first bit of a packet to reach its destination from its source--is often not widely recognized as a key component in SAN performance, taking a backseat in many minds to bandwidth measurements.
Because the effects of competition on the performance of traditional public schools can be identified best during periods in which the amount of competition is changing, these years offer a convenient way to test the effects of expanded school choice.

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