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per·for·mance n1: work done in employmentunsatisfactory performance2 a: what is required to be performed in fulfillment of a contract, promise, or obligationsubstituted a new performance in novation of the contractb: the fulfillment of a contract, promise, or obligationpart performance1: partial performance of a contract, promise, or obligation2: 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 breachspe·cif·ic performance1: the complete or exact fulfillment of the terms of a contract, promise, or obligation2: 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 inadequatethe common law prohibition against specific performance as a remedy for alleged breach of employment contract — Chady v. Solomon Schechter Day Schs., 645 N.E.2d 983 (1995) compare injunctionsubstantial performance1: performance of the essential terms of a contract, promise, or obligationa contractor is not entitled to a lien in the absence of substantial performance — Casa 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 breach3: a public rendition or presentation of an artistic work
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- performance
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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 impossibleII (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. William C. Burton. 2006
- performance
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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 & ContractorsCategory: Representing Yourself in CourtCategory: Small Claims Court & LawsuitsCategory: Working With a Lawyer
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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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 performancePartial fulfillment of obligations under a contract.+ part performanceException 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 clauseA distinct section or provision of a legal document or piece of legislation.@ specific performanceThe 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. Susan Ellis Wild. 2000.
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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
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The fulfillment or accomplishment of a promise, contract, or other obligation according to its terms.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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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. EdwART. 2013.
