Legal Definitions - place of performance

Definition: The place where a promise is supposed to be fulfilled, either by a specific provision or by interpreting the language of the promise.

Example: A contract between a buyer and a seller may specify that the place of performance is the seller's warehouse. This means that the seller is responsible for delivering the goods to their warehouse, and the buyer must pick them up from there.

Explanation: In this example, the place of performance is clearly stated in the contract. The seller must deliver the goods to their warehouse, and the buyer must pick them up from there. If the buyer tries to pick up the goods from a different location, the seller may not be obligated to fulfill the promise.

Example: A contract between an employer and an employee may not specify a place of performance, but the nature of the job may imply a certain location. For example, a salesperson may be expected to work from a specific office or territory.

Explanation: In this example, the place of performance is not explicitly stated in the contract, but it can be inferred from the nature of the job. If the salesperson tries to work from a different office or territory, the employer may not be obligated to pay them or fulfill other promises made in the contract.