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 ?
One conclusion regarding the results of this study and its finding of virtually no relationship between age and role ambiguity is similar to the conclusion above regarding the relationship between tenure and role ambiguity: Customer-contact representatives should avoid assuming that older clients experience less ambiguity regarding the aspects of role performance in the client-service organization relationship.
The relatively high intercorrelations among the five role performance dimensions representing dependency indicate good convergence among these dimensions.
Program participants enhanced their role performance in physical, psychosocial, and environmental health.
Conceptualizing and assessing journalistic role performance from different political systems, as this study aims to do, is necessary to enrich a field that has been historically organized around analytical concepts, epistemologies, and evidence developed in the United States and Western Europe (Waisbord & Mellado, 2014).
Associations between role performance and role valuation were similarly examined with the non-parametric Kendall's correlation coefficient [tau].
Every role stressor arises from a specific kind of problem encountered by the role occupant during the course of his/her role performance.
What are the underlying domains in the actual role performance of the on-site mentor as compared with the four theoretical role domains?
Field staff rated their role performance in the high range.
Interventions to address this knowledge of behavioral roles and role performance at shift report within Goffman's (1959) framework are:
Hodges and Wong (1996) suggested role performance in school, home, and community; behavior toward others; moods and self-harm; and substance use as critical domains.
The top marks go, however, to Geoffrey Rush as Walsingham, Elizabeth's machiavellian M aster of Spies, Christopher Eccleston's eternally scheming viperish Norfolk and, above all, to Cate Blanchett's title role performance.
Role ambiguity occurs when an individual lacks clear information about expectations associated with his or her role, methods for fulfilling the role, and/or consequences associated with role performance (Rizzo et al.

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