duty of performance
简明释义
履行义务
英英释义
The obligation of a party to fulfill the terms of a contract or agreement by performing the specified actions or delivering the promised goods or services. | 一方根据合同或协议的条款履行义务,通过执行指定的行动或交付承诺的货物或服务。 |
例句
1.The employee's duty of performance includes completing tasks on time and maintaining quality standards.
员工的履行义务包括按时完成任务和保持质量标准。
2.In construction contracts, the contractor has a clear duty of performance to deliver the project as specified.
在建筑合同中,承包商有明确的履行义务,按照规定交付项目。
3.Failure to meet the duty of performance can result in legal consequences for the breaching party.
未能履行履行义务可能会导致违约方面临法律后果。
4.In a contract, each party has a duty of performance to fulfill their obligations as outlined in the agreement.
在合同中,每一方都有履行合同中规定义务的履行义务。
5.The duty of performance is essential in ensuring that both parties are committed to the terms of the contract.
确保双方对合同条款的承诺是履行义务的关键。
作文
In the realm of contracts and obligations, the concept of duty of performance plays a pivotal role. This term refers to the legal obligation that one party has to fulfill their part of an agreement or contract. When two parties enter into a contract, they both have specific responsibilities that must be met. Failure to adhere to these responsibilities can lead to legal consequences and disputes. Understanding the duty of performance is essential for anyone engaging in contractual agreements, whether in business, employment, or personal relationships.To illustrate the importance of duty of performance, consider a scenario where a contractor agrees to build a house for a homeowner. The contractor's duty of performance includes completing the construction within the agreed timeframe, adhering to safety regulations, and using quality materials. If the contractor fails to meet these obligations, the homeowner has the right to seek legal remedies, which may include financial compensation or even terminating the contract.Moreover, the duty of performance is not just limited to the act of fulfilling contractual obligations; it also encompasses the manner in which these obligations are performed. For instance, if the contractor completes the house but does so with substandard materials or workmanship, they may still be in breach of their duty of performance. This highlights that the quality and standards of performance are equally important as the completion of tasks.In many cases, the duty of performance can be affected by unforeseen circumstances, such as natural disasters or changes in law. These situations may lead to what is known as 'impossibility of performance', where fulfilling the contract becomes impossible due to factors beyond the control of the performing party. In such cases, the law may provide relief to the party unable to perform, recognizing that their duty of performance was hindered by circumstances outside their influence.Additionally, the duty of performance can vary depending on the type of contract involved. For example, in a sales contract, the seller has a duty of performance to deliver goods that meet the specifications outlined in the agreement. Conversely, the buyer has a duty of performance to pay for the goods upon delivery. Each party's obligations are interdependent, emphasizing that the fulfillment of one party's duty of performance is often contingent upon the other party's actions.Understanding the nuances of the duty of performance is crucial for preventing disputes and ensuring smooth transactions. Parties entering into contracts should clearly outline their respective duties and responsibilities, as well as the standards expected for performance. This clarity can help mitigate misunderstandings and provide a framework for resolving any issues that may arise.In conclusion, the duty of performance is a fundamental aspect of contractual agreements that underscores the importance of fulfilling obligations in a timely and effective manner. Whether in business dealings, personal contracts, or employment agreements, recognizing and adhering to this duty can lead to successful outcomes and positive relationships. As individuals and organizations navigate the complexities of contracts, a thorough understanding of the duty of performance will serve as a valuable tool in achieving their goals and maintaining integrity in their commitments.
在合同和义务的领域中,‘duty of performance’这一概念发挥着关键作用。这个术语指的是一方在协议或合同中履行其部分的法律义务。当两方签订合同时,他们都有特定的责任必须履行。如果未能遵守这些责任,可能会导致法律后果和争议。理解‘duty of performance’对于任何参与合同协议的人来说都是至关重要的,无论是在商业、就业还是个人关系中。为了说明‘duty of performance’的重要性,考虑一个场景:承包商同意为业主建造一栋房子。承包商的‘duty of performance’包括在约定的时间内完成施工、遵循安全规定以及使用优质材料。如果承包商未能满足这些义务,业主有权寻求法律救济,这可能包括经济赔偿甚至终止合同。此外,‘duty of performance’不仅限于履行合同义务的行为;它还包括履行这些义务的方式。例如,如果承包商完成了房屋建设,但使用了劣质材料或工艺,他们可能仍然违反了自己的‘duty of performance’。这强调了履行任务的质量和标准与任务的完成同样重要。在许多情况下,‘duty of performance’可能会受到不可预见情况的影响,例如自然灾害或法律变更。这些情况可能会导致所谓的“履行不可能”,即由于超出履行方控制的因素,履行合同变得不可能。在这种情况下,法律可能会对无法履行的当事方提供救济,承认他们的‘duty of performance’因超出其影响范围的情况而受到阻碍。此外,‘duty of performance’可能会根据合同类型的不同而有所变化。例如,在销售合同中,卖方有‘duty of performance’交付符合协议规定的商品。相反,买方有‘duty of performance’在交货时支付商品的费用。每一方的义务是相互依存的,强调了履行一方的‘duty of performance’往往取决于另一方的行为。理解‘duty of performance’的细微差别对于防止争议和确保顺利交易至关重要。签订合同的各方应明确列出各自的职责和责任,以及对履行的期望标准。这种清晰度可以帮助减轻误解,并为解决可能出现的任何问题提供框架。总之,‘duty of performance’是合同协议的基本方面,强调了及时有效地履行义务的重要性。无论是在商业交易、个人合同还是雇佣协议中,认识到并遵守这一义务都可以带来成功的结果和积极的关系。当个人和组织在合同的复杂性中航行时,全面理解‘duty of performance’将成为实现目标和维护承诺完整性的宝贵工具。
相关单词