performance
per·for·mance n
1: work done in employment
unsatisfactory performance
2 a: what is required to be performed in fulfillment of a contract, promise, or obligation
substituted a new performance in novation of the contract
b: the fulfillment of a contract, promise, or obligation
part performance
1: partial performance of a contract, promise, or obligation
2: a doctrine which provides an exception to the Statute of Frauds requirement that a contract be in writing by treating partial performance and the acceptance of it by the other party as evidence of an enforceable contract compare partial breach at breach
spe·cif·ic performance
1: the complete or exact fulfillment of the terms of a contract, promise, or obligation
2: an equitable remedy that requires a party to fulfill the exact terms of a contract, promise, obligation, or decree mandating a remedy and that is used when legal remedies (as damages) are inadequate
the common law prohibition against specific performance as a remedy for alleged breach of employment contractChady v. Solomon Schechter Day Schs., 645 N.E.2d 983 (1995) compare injunction
substantial performance
1: performance of the essential terms of a contract, promise, or obligation
a contractor is not entitled to a lien in the absence of substantial performanceCasa Linda Tile & Marble Installers, Inc. v. Highlands Place 1981 Ltd., 642 So. 2d 766 (1994)
2: a doctrine which permits a party (as a builder) that acted in good faith to recover from the other party to a contract for a performance that departs in minor respects from what was promised compare material breach at breach
3: a public rendition or presentation of an artistic work

Merriam-Webster’s Dictionary of Law. . 1996.

performance
I (execution) noun accomplished fact, accomplishment, achievement, act, action, attainment, carrying into effect, carrying through, commission, completion, consummation, culmination, deed, enactment, finished product, fulfilment, implementation, operation, perpetration, production, realization, rendition, work associated concepts: full performance, impossibility of performance, partial performance, performance bond, prevention 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
II (workmanship) noun ability, accomplishment, achievement, action, aptitude, aptness, ars, art, artfulness, artificium, attainment, caliber, capability, capacity, competence, competency, composition, construction, craft, craftsmanship, creation, dexterity, effort, endowment, exhibition, expertness, faculty, finesse, formation, forte, handicraft, handiness, handiwork, ingenuity, manipulation, manufacture, mastership, mastery, operation, opus, play, preparation, production, proficiency, qualification, quality of execution, quality of work, representation, show, skill, skillfulness, talent, technique, virtuosity, work, working ability III index act (undertaking), conduct, course, finality, fruition, function, histrionics, infliction, operation, part (role), proceeding, process (course), realization, role, transaction

Burton's Legal Thesaurus. . 2006


performance
Fulfillment of an obligation required by contract. Performance of a contract may be demanded in a lawsuit (specific performance) and it may also be short of full performance (part or partial performance).
Category: Business, LLCs & Corporations → Self-Employed Consultants & Contractors
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits
Category: Working With a Lawyer

Nolo’s Plain-English Law Dictionary. . 2009.


performance
n.
1 The successful fulfillment of a contractual obligation.
2. May be a promise of future payment in exchange for a contractual obligation's being done.
@ part performance
Partial fulfillment of obligations under a contract.
+ part performance
Exception to statute of frauds; if all or part of the goods have been delivered and accepted, or all or part of the purchase price has been paid, no written evidence is needed.
@ performance clause
A distinct section or provision of a legal document or piece of legislation.
@ specific performance
The requirement of performance of obligations as stated in the terms of an agreement, according to the exact requirements, on theory that compensation in damages would be inadequate to give recipient of the performance the "benefit of the bargain." Generally required in situations of unique services or goods.
n. An equitable court-ordered remedy that mandates precise fulfillment of a legal or contractual obligation, when pecuniary damages would be inappropriate or inadequate, such as in the sale of a rare article or a unique piece of real estate. The decree of specific performance requires that the person so directed perform as directed or face imprisonment.
@

Webster's New World Law Dictionary. . 2000.


performance
The fulfillment or accomplishment of a promise, contract, or other obligation according to its terms.

Dictionary from West's Encyclopedia of American Law. 2005.


performance
The fulfillment or accomplishment of a promise, contract, or other obligation according to its terms.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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 also: specific performance

Law dictionary. . 2013.

Synonyms:

Look at other dictionaries:

  • performance — [ pɛrfɔrmɑ̃s ] n. f. • 1839; mot angl. , de l a. fr. parformance (XVIe), de parformer « accomplir, exécuter » 1 ♦ Résultat chiffré obtenu dans une compétition (par un cheval, un athlète). Les performances d un champion. Performance homologuée.… …   Encyclopédie Universelle

  • Performance — Saltar a navegación, búsqueda Mimo y Pintura …   Wikipedia Español

  • performance — per‧form‧ance [pəˈfɔːməns ǁ pərˈfɔːr ] noun 1. [countable, uncountable] FINANCE the degree to which a company, investment, financial market etc is profitable: • The company is showing strong performance and doing considerably better than the… …   Financial and business terms

  • Performance — [pə fɔ:məns] (englisch für ‚Durchführung‘, ‚Aufführung‘, ‚Darstellung‘, ‚Leistung‘) bezeichnet: Performance (Kunst), eine Form der Aktionskunst Leistung (Informatik), das Zeitverhalten von Programmen (Software) und Geräten (Hardware) in der… …   Deutsch Wikipedia

  • performance — Voz inglesa usada con frecuencia en español, especialmente en los países de América del Sur. Es anglicismo evitable, pues en todos los casos pueden encontrarse términos españoles de sentido equivalente: a) Cuando significa ‘resultado obtenido en… …   Diccionario panhispánico de dudas

  • Performance — Per*form ance, n. The act of performing; the carrying into execution or action; execution; achievement; accomplishment; representation by action; as, the performance of an undertaking of a duty. [1913 Webster] Promises are not binding where the… …   The Collaborative International Dictionary of English

  • performance — [n1] accomplishment achievement, act, administration, attainment, carrying out, completion, conduct, consummation, discharge, doing, enforcement, execution, exploit, feat, fruition, fulfillment, pursuance, realization, work; concept 706 Ant.… …   New thesaurus

  • performance — 1530s, carrying out of a promise, duty, etc., from PERFORM (Cf. perform) + ANCE (Cf. ance). Meaning a thing performed is from 1590s; that of action of performing a play, etc. is from 1610s; that of a public entertainment is from 1709. Performance …   Etymology dictionary

  • performance — /pə fɔ:məns/, it. /per formans/ s. ingl. [der. di (to ) perform compiere, eseguire ], usato in ital. al femm., invar. 1. a. [resa in una competizione, in una gara, anche non sportiva: una p. di rilievo ] ▶◀ prestazione, prova, risultato,… …   Enciclopedia Italiana

  • Performance —    Drame de Nicholas Roeg et Donald Cammell, avec James Fox, Mick Jagger, Anita Pallenberg, Michèle Breton.   Pays: Grande Bretagne   Date de sortie: 1970   Technique: couleurs   Durée: 1 h 45    Résumé    Un truand en cavale se réfugie chez une… …   Dictionnaire mondial des Films

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”