Meaning & use

non-performance

noun·Advancedformallegal

Last updated

UK/ˌnɒn pəˈfɔːməns/
US/ˌnɑːn pərˈfɔːrməns/

Meanings

  1. noununcountablelegalformal

    A failure to do what a contract, duty, or promise requires.

    Grammar: Usually uncountable and used with 'of': non-performance of a contract. It does not take 'a' in most uses.

    Patterns

    • non-performance of a contract
    • non-performance of a duty
    • liable for non-performance

    The supplier was sued for non-performance of the contract.

    Non-performance of these duties may lead to dismissal.

    The clause allows the buyer to cancel the order in case of non-performance.

  2. noununcountableformal

    A failure to appear or take part in an event, especially a performance.

    Grammar: Used about shows, concerts, or duties; often countable in everyday speech as 'a non-performance' when it means one specific occasion.

    Patterns

    • non-performance by an artist
    • cancel something after non-performance

    The orchestra apologized for the non-performance of the scheduled concert.

    Tickets were refunded because of the singer's non-performance.

Common combinations

non-performance of a contract
Non-performance of a contract can result in legal action.
liable for non-performance
The company is liable for non-performance under clause seven.
a claim of non-performance
The buyer filed a claim of non-performance against the builder.
in case of non-performance
In case of non-performance, the deposit is returned.
non-performance of duties
Repeated non-performance of duties is grounds for termination.

Synonyms and how they differ

breach
Breach is the legal term for breaking a contract or rule, and it is more common in court language; non-performance simply describes the failure to carry something out.
default
Default is used especially for failing to pay money owed; non-performance is broader and covers any failure to do what was agreed.
failure
Failure is the everyday word; non-performance sounds formal and is typical of contracts and official reports.

Opposites

Word family

perform verb
To carry out a task, duty, or agreed action.
performance noun
The act of doing a task or of presenting a show.
non-performing adjective
Not doing what is required, as in a non-performing loan.

Commonly confused: non-performance or nonperformance?

non-performance vs nonperformance

This is simply the same word written without a hyphen; both spellings are used, but the hyphenated form is more common in contracts.

Practice

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