Nakoming

Performance constitutes the core of the law of obligations and entails a party’s actual fulfilment of its contractual or statutory duties. This may involve the payment of a sum of money, the carrying out of an act or the omission of a specific act.

In practice, performance is significant because it is the primary means by which parties give effect to their agreements. Where performance is not rendered, the creditor may, by means of a notice of default or court proceedings, still claim performance, whether or not in conjunction with damages.

In legal practice, performance is frequently enforced in cases of non-performance, in which event the court may order that the obligation be performed.