Performance Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Performance, written in plain English, along with examples of how it is used.

What is Performance?

The act of accomplishing or fulfilling the contracts or promise accoring to the terms of court’s order. There are two types of perfomance 1)Part performance – where the accomplishment of the contract is partial and not fully completed and 2)Specific Perfomance – where the performance of certain act is compelled to be according to the terms in contract and any damages or breaches of contract cannot be compansated adequately in monetary terms.

History and Meaning of Performance

Performance in legal terms refers to the act of fulfilling the terms of a contract or promise as ordered by a court. There are two types of performance: partial performance, in which the terms are not fully completed, and specific performance, in which a certain act is compelled to be executed according to the terms in the contract.

The obligation of the parties involved in a contract to perform as agreed is the foundation of contract law. Failure to perform as stipulated can result in legal action, and in some cases, the court will order performance to ensure that the parties fulfill their contractual obligations.

Examples of Performance

  1. A construction contract may require a contractor to complete a building project by a specified date. If the contractor fails to meet the deadline, the owner may seek court-ordered performance to ensure the project is completed as agreed.
  2. A sales contract may require a seller to deliver goods to a buyer by a certain date. If the goods are not delivered on time, the buyer may seek court-ordered performance to ensure the goods are received as agreed.
  3. A wedding contract may require an officiant to perform a marriage ceremony according to the terms agreed upon by the parties. Failure to do so could result in court-ordered performance.

Legal Terms Similar to Performance

  1. Breach of contract: a violation of the terms of a contract by one or more parties.
  2. Specific performance: compelling a party to fulfill their contractual obligations by performing a specific act.
  3. Injunction: a court order that prohibits or compels specific actions.