nonperformance
C1/C2Formal, technical, legal, academic
Definition
Meaning
A failure to perform, fulfil, or execute something as required or expected.
In broader contexts, can refer to the omission of a required action, the absence of expected results, or the state of not meeting obligations. In legal and financial contexts, it specifically denotes a breach of contractual duties.
Linguistics
Semantic Notes
Primarily a countable noun, but can be uncountable when referring to the general concept. Often implies a specific, identifiable failure to meet an obligation, rather than a general lack of performance. In law, it is a specific ground for contract termination or claim for damages.
Dialectal Variation
British vs American Usage
Differences
More common in American legal and business contexts. British English might favour 'failure to perform' or 'breach (of contract)' in legal writing, though 'non-performance' (with a hyphen) is also used.
Connotations
In both varieties, the term carries a formal, negative connotation associated with unmet responsibilities and potential legal consequences.
Frequency
Higher frequency in American English, particularly in corporate, financial, and legal documents. Less common in everyday British speech.
Vocabulary
Collocations
Grammar
Valency Patterns
nonperformance of [obligation/duty/contract]nonperformance by [agent/party]nonperformance resulting in [consequence]Vocabulary
Synonyms
Strong
Neutral
Weak
Vocabulary
Antonyms
Usage
Context Usage
Business
Used in contracts, service level agreements (SLAs), and project management to specify failures to deliver. E.g., 'The supplier's nonperformance triggered penalty clauses.'
Academic
Appears in legal, economic, and management studies discussing contract theory, incentives, and risk.
Everyday
Rare in casual conversation. Might be used in formal complaints about services not rendered.
Technical
A precise term in law (contract law), finance (credit risk), and insurance.
Examples
By Part of Speech
verb
British English
- The clause protects the client if the contractor nonperforms.
- A party may terminate the agreement should the other nonperform.
American English
- The guarantor is liable if the borrower nonperforms.
- The software licence terminates if the user nonperforms.
adjective
British English
- The nonperformance clause was invoked.
- They cited nonperformance risks in the audit.
American English
- A nonperformance event must be reported within 48 hours.
- The bond covers nonperformance scenarios.
Examples
By CEFR Level
- The contract was terminated due to nonperformance.
- Persistent nonperformance led to the dismissal of the supplier.
- The claimant sought damages for the defendant's material nonperformance of the licensing agreement.
- Economic duress may excuse nonperformance in certain extraordinary circumstances.
Learning
Memory Aids
Mnemonic
Think: NON (not) + PERFORMANCE (doing the job). It's the 'non-' state of a required performance.
Conceptual Metaphor
CONTRACTUAL OBLIGATIONS ARE JOURNEYS (nonperformance is failing to arrive at the destination). RIGHTS ARE ENTITLEMENTS (nonperformance is a withholding of what is due).
Watch out
Common Pitfalls
Translation Traps (for Russian speakers)
- Avoid direct calque 'неперформанс'. Use 'неисполнение (обязательств)' or 'нарушение (договора)'.
- Do not confuse with 'невыполнение', which is more general; 'nonperformance' is specifically contractual/obligatory.
Common Mistakes
- Using 'nonperformance' for poor quality work (it refers to complete or material failure, not bad performance).
- Misspelling as 'non-performance' (in American English, often one word).
- Using it as a verb ('to nonperform' is non-standard; use 'fail to perform').
Practice
Quiz
In which context is 'nonperformance' LEAST likely to be used?
FAQ
Frequently Asked Questions
No. 'Nonperformance' means a failure to perform at all or to meet a core obligation. 'Underperformance' means performing poorly or below expectations.
Yes, but it remains formal. It can be used in any context involving a failure to execute a promised or required action, such as in project management, academia (e.g., nonperformance of a ritual), or personal commitments, though simpler terms like 'failure' are often preferred.
'Breach of contract' is the broader legal category. 'Nonperformance' is one specific type of breach, where a party fails to execute their duties entirely or materially. Other breaches could include defective performance or anticipatory repudiation.
In contemporary American English, it is typically one word ('nonperformance'). In British English, the hyphenated form 'non-performance' is still commonly seen, though the closed form is gaining acceptance, especially in legal writing.