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FindLaw Legal Dictionary

The FindLaw Legal Dictionary -- free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries.



performance n

1 : work done in employment [unsatisfactory ]
2 a : what is required to be performed in fulfillment of a contract, promise, or obligation [substituted a new 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 contract "Chady 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 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 breach
3 : a public rendition or presentation of an artistic work

Source: Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.

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