Performance is the focus of the contract, because it is the act of fulfilling the contracted obligation. In its simplest form, this involves one side supplying goods or services and the other side paying for them according to the terms of the contract.
Establishing performance of obligations in a European contract
Where a contract is for a straightforward supply of a product in return for money, establishing performance is usually simple. However, in more complex contracts, such as those for supplying goods or services over a period of time, perhaps with staged payments, the two sides could dispute performance.
Chapter seven of the Principles of European Contract Law explains how parties can specify performance in the contract terms. These include:
- the place
- time and order of performance
- the type and form of payment
- what happens if one side refuses to accept what the other side provides