nonperformance
Definition
Noun: 1. Failure to perform a task, duty, or obligation: The act of not doing something that one is required or expected to do. 2. Failure to act with the prudence that a reasonable person would exercise under the same circumstances: A legal term describing a lack of action that constitutes negligence.
Usage
The word "nonperformance" is a formal term, most commonly used in legal, contractual, and professional contexts. It describes an omission or failure to act rather than a poor quality action.
Examples
- The contract was terminated due to the supplier's nonperformance of its delivery obligations.
- The lawsuit alleged nonperformance of fiduciary duties by the company's directors.
- In legal terms, his nonperformance of a basic safety check was considered negligence.
Advanced Usage
- Willful nonperformance: Intentionally failing to fulfill an obligation.
- The court found the defendant guilty of willful nonperformance of the contract terms.
- Material nonperformance: A failure to perform that is significant enough to undermine the core purpose of an agreement.
- The buyer claimed material nonperformance because the product lacked its key advertised feature.
Variants and Related Words
- Nonperform (verb, rare): To fail to perform. (e.g., )
- Nonperforming (adjective): Often used in finance to describe assets (like loans) that are not generating income. (e.g., )
Different Meanings
- General/Obligatory Meaning: The simple failure to execute a required action.
- The nonperformance of routine maintenance led to the machine's breakdown.
- Legal Meaning (Negligence): Specifically connects the failure to act to a standard of care, implying fault.
- The doctor's nonperformance of a standard diagnostic test was a key point in the malpractice case.
Synonyms
- Failure
- Neglect
- Omission
- Default
- Dereliction (often implies a deliberate shirking of duty)
Antonyms
- Performance
- Fulfillment
- Execution
- Accomplishment
- Discharge (of a duty)
Related Phrases
- Breach of contract: A specific legal consequence often resulting from nonperformance.
- Failure to act: A more common phrase with a similar meaning.
- Omission of duty: A formal phrase closely related to nonperformance.
Noun
-
failure to act with the prudence that a reasonable person would exercise under the same circumstances
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