Legal Definitions - perform

In legal contexts, particularly within contract law, to perform means to fulfill or carry out the duties, promises, or actions that one has agreed to undertake as part of a binding agreement. When a party performs their obligations, they are completing their side of the bargain, which typically discharges their responsibilities under that specific part of the contract. Failure to perform without a valid legal excuse is generally considered a breach of contract, which can lead to legal consequences. In certain situations, a court might even order a party to specifically perform their contractual duties, rather than just paying damages, especially when money alone cannot adequately compensate the other party.

Here are some examples illustrating the concept of performance:

• Example 1: Construction Project

  Imagine a homeowner hires a contractor to build a new deck. The contract specifies the materials, dimensions, and completion date. The contractor performs their obligations by purchasing the correct lumber, constructing the deck according to the agreed-upon design, and finishing the work by the deadline. The homeowner performs by making the scheduled payments to the contractor as outlined in the contract.

  Explanation: Both the contractor and the homeowner are carrying out the specific actions and payments they promised in their agreement, thereby performing their respective contractual duties.

• Example 2: Delivery of Goods

  Consider a bakery that orders a specific quantity of flour from a supplier. The contract states the type of flour, the amount, and the delivery date. The supplier performs by ensuring the correct type and amount of flour are packaged and delivered to the bakery on the specified date. The bakery performs by paying the agreed price for the flour upon receipt or according to the payment terms.

  Explanation: The supplier fulfills their promise to provide the goods, and the bakery fulfills its promise to pay for them, demonstrating performance by both parties under the sales contract.

• Example 3: Professional Services

  A small business engages an accounting firm to prepare its annual tax returns. The agreement details the scope of work, the fees, and the submission deadline. The accounting firm performs by accurately compiling the financial data, preparing all necessary tax forms, and submitting them to the relevant authorities by the deadline. The small business performs by providing all required financial documents and paying the firm's fees as agreed.

  Explanation: The accounting firm delivers the agreed-upon professional service, and the business provides the necessary information and compensation, illustrating the fulfillment of their respective obligations.