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Simple English definitions for legal terms
part performance
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A quick definition of part performance:
Part Performance: When someone has partially fulfilled their obligations under a contract, it is called part performance. For example, if someone promised to sell their car to another person, and the buyer has already paid some of the money, this is considered part performance. The part-performance doctrine is a legal principle that allows a court to enforce a contract even if it is not fully performed, as long as there is evidence of part performance.
A more thorough explanation:
Part performance refers to the act of fulfilling some, but not all, of the terms of a contract. It is a legal doctrine that allows a party to enforce a contract even if it has not been fully performed.
- Example 1: A contractor agrees to build a house for a homeowner. The contractor completes most of the work but fails to install the kitchen cabinets. The homeowner can still enforce the contract and require the contractor to finish the job.
- Example 2: An employee agrees to work for a company for a year. After six months, the employee quits without giving notice. The company can still enforce the contract and require the employee to pay damages for breach of contract.
These examples illustrate how part performance allows a party to enforce a contract even if the other party has not fully performed. In both cases, the parties have fulfilled some of the terms of the contract, but not all of them. However, the party that has fulfilled its obligations can still seek legal remedies for the other party's failure to perform.