Also known as:perform · performs · performed · performing · performances · contract performance · specific performance
Written by attorneys — see sources below.
The carrying out or fulfillment of a duty or obligation. A buyer may refuse to perform when the seller cannot cure a title defect by closing.
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Cases
Statutes
How its tested
Common Examples
6
Buyer Refuses Over Unreleased Lien
Pedro Pacheco contracted to buy land from Pioneer Energy. At closing an unreleased lien appeared on the title. Pedro refused to perform because the seller could not cure the defect in time.
Officer Performs Corporate Duties
Preston Pratt served as an officer of Premier Manufacturing. He carried out board-assigned functions by reviewing contracts and approving expenditures in the ordinary course of business.
Voluntary Act Requirement Met
Paige Porter was charged with an offense after she consciously chose to drive while intoxicated. Her voluntary conduct satisfied the act requirement for liability.
Patricia Patel presided over a trial. She applied the law evenly to both parties and issued rulings without favoritism or bias.
Fee Division Matches Services
Philip Powell and Pamela Phillips handled separate portions of a single matter for a client. They divided the fee in proportion to the work each performed.
Agent Uses Due Care in Performance
Platinum Partners retained an agent to manage property. The agent inspected the premises regularly and reported known defects using ordinary care and intelligence.
3 common questions
Students Frequently Ask...
When may a buyer refuse to perform a real estate contract?
A buyer may refuse to perform if the seller cannot cure a title defect by closing. Title defects include unreleased liens and breaks in the chain of title.
Supporting sources
What standard governs an officer's performance of corporate duties?
An officer must perform duties in good faith and with the care a person in a like position would reasonably exercise under similar circumstances.
Supporting sources
Does involuntary conduct satisfy the act requirement for criminal liability?
No. Liability requires conduct that includes a voluntary act or the omission of an act the person is physically capable of performing.
Supporting sources
performance
of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State…