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 ?
H4: Employee engagement will be positively related to work role performance.
Student Activity Coordinator), Other Faculty Member with whom the focal role interacts during the course of his role performance, Student who is taught, guided, mentored, supervised and monitored by the faculty, Alumnus (Past Student) who expects to be supported by PBS and can be useful for PBS in several ways, and Representative of Industry where PBS postgraduates are current or prospective employees and/or a PBS faculty is an existing or prospective advisor, consultant or trainer.
An institutional perspective has previously been applied as a means to understand variations among volunteer organizations in the use of volunteers and in the effects of institutional facilitation on volunteer role performance (for example, Morrow-Howell, Hinterlong, & Sherraden, 2001; Morrow-Howell et al.
The individual wants to know the rights, duties, and responsibilities of the office; the individual wants to know what he or she must do to fulfill the responsibilities of the office; and finally, the individual wants to know the consequences of his or her role performance.
Similarly, Forbes and Milliken (1999) propose an approach to studying boards of directors that includes activities characterizing effective role performance.
Actual rates of role performance of students can stem from instructions given to them during their fieldwork, as opposed to those given to them in the classroom by their teachers and their own experiences at work.
The association between identity and role performance can be examined with actors who can validly and reliably answer such questions as: "who am I?
Having, as anticipated, picked up the Golden Globe for Best Actor for his title role performance in Ray, the story of the late blind music legend Ray Charles, it's pretty much a foregone conclusion that Jamie Foxx will land an Academy Award nomination.
The central proposition of this theory consists of the relationships between three components: commitment, identity salience, and role performance (Stryker, 1987).
Survey questions pertained to personal satisfaction with the C-Leg[R], functional independence, role performance, and body image.
limitations of daily role performance due to physical health
Kirkman (1994) updated Havighurst's instrument and scales in order to examine the parent, spouse, and worker social role performance in accordance with currently described adult developmental events.

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