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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
We used our best judgment in discerning what authors intended and what the measure addressed in grouping parent role performance and child well-being relationships, and the heterogeneity analysis provided evidence that the groupings were conceptually meaningful.
Mellado (2015) has asserted that role performance manifests itself in three conceptual dimensions: the presence of journalistic voice in the news item, the power relations domain, and audience approach.
Majority of the respondents were positive about their role performance with rating of each item under assessment of role performance more than 89% except for administrative works (53.3%).
H5: LMX will be positively related to work role performance.
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It examines the extent of impact of these internal and external pressures on the role performance to establish conclusions on role pressures, role forces and possible sources of role strain; and on systems thinking-based leadership, adaptive/flexible leadership, and 'change capacity' of higher education institutions.
Leadership is shaped by providing individuals with a clear set of expectations about role performance, values and behaviours that support caring and compassion.
In mapping risks with significant implications for goal setting and performance management, two deserve special attention: business model risk tolerance and role performance variance.
In perhaps one of the earliest definitions found in the literature, Kahn (1990) defined employee engagement as "the harnessing of organizational members' selves to their work roles; in engagement, people employ and express themselves physically, cognitively and emotionally during role performance" (p.
The Manager Portal is a window through which nurse managers gain access to a wealth of information relevant to enhanced role performance. Developed over a brief 4 months, this institution-wide innovation responded to voiced needs of frontline nurse managers.
The university's core task goes beyond shaping culture and personnel for efficient role performance in a bounded society.