Performance - Law Dictionary Search Results

Home Dictionary Name: performance

Specific performance

Specific performance. Equity, in obedience to the cardinal rule of natural justice that a person should perform his agreement enforces, pursuant to a regulated and judicial discretion, the actual accomplishment of a thing stipulated for, on the ground that what is lawfully agreed to be done ought to be done, and that damages at law for breach of the contract are not a sufficient com-pensation. The Common Law has not recognized this principle; it has only given damages to a suffering party for the non-performance of an executory agreement. The (English) C.L.P. Act, 1854, however, imparted to the Common Law writ of mandamus a little more efficacy by provisions since superseded by s. 24 of the Judicature Act, 1873, now by Judicature Act, 1925, s. 36, and the (English) Mercantile Law Amendment Act, 1856, introduced a procedure for enforcing the specific delivery of goods sold, specially superseded by s. 52 of the (English) Sale of Goods Act, 1893.An award of damages may be combined with a ...

performance

performance 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...

Theatrical performance

Theatrical performance, a theatrical performance does not mean merely dramatic performance. It includes operatic or other representations or performances, AIR 1966 MP 198. [Madhya Pradesh Municipal Corporation Act (23 of 1956), s. 132 (2)(n)]Theatrical performance, includes operatic or other representation or performances. It must be, so as to include not merely dramatic performances but other performances and representations, than it follows that the expression 'other shows for public amusement' would include a cinema show, Delite Talkies v. Jabalpur Corporation, AIR 1996 MP 298: 1966 MP LJ 687: 1966 Jab LJ 1127....

Performer

One who performs accomplishes or fulfills as a good promiser but a bad performer especially one who shows skill and training in any art as a performer of the drama a performer on the harp...

Performance

Performance, in relation to performer's right, means any visual or acoustic presentation made live by one or more performers. [Copyright Act, 1957 (14 of 1957), s. 2 (q)]Means 'musical, dramatic or other entertainment' playing of music in any and every case will not amount to musical performance, Hotel Deepa v. State of Maharashtra, (1994) Bom Cr Cas 153....

Performing right

Performing right, 'performing right' means the right of performing in public, broad-casting and causing to be transmitted to subscribers to a diffusion service, in all parts of the world, Performing Right Society Ltd. v. Commissioner of Income Tax, AIR 1976 SC 1973 (1974): (1976) 4 SCC 37: (1977) 1 SCR 171....

course of performance

course of performance :the conduct of parties during a business deal requiring repeated performances that creates an understanding between the parties as to performance and that may be used to help interpret their agreement in instances of dispute compare course of dealing, practical construction, usage of trade ...

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