Default And Failure - Law Dictionary Search Results
Home Dictionary Name: default and failureDefault and failure
Default and failure, 'failure' in the dictionary sense, means's falling short', 'a deficiency' or 'lack'. Default means omission of that which a man ought to do, Dhan Singh Ramkrishna Choudhari v. Laxminarayan Ramkishan, (1974) 2 SCC 293: AIR 1974 SC 1613. [Bombay Tenancy And Agricultural Lands Act, 1948, s. 25(2)]...
procedural default
procedural default : a failure to follow state appellate procedure (as in the exhaustion of state remedies) that bars federal esp. habeas corpus review of a case in the absence of a showing of cause for and prejudice from the failure or sometimes in the absence of proof that the bar would result in a miscarriage of justice ...
default
default [Anglo-French defalte defaute lack, fault, failure to answer a summons, from defaillir to be lacking, fail, from de-, intensive prefix + faillir to fail] 1 : failure to do something required by duty (as under a contract or by law): as a : failure to comply with the terms of a loan agreement or security agreement esp. with regard to payment of the debt b in the civil law of Louisiana : a delay in performing under a contract that is recognized by the other party NOTE: A party whose performance under a contract is delayed is not automatically in default. Rather, the law of Louisiana requires that the other party “put him or her in default” by a written or witnessed oral request for performance, by filing suit, or by invoking a specific provision in the contract. Moratory damages may be recoverable for loss caused by the delay. 2 : failure to defend against a claim in court (as by failing to file pleadings or to appear in court) see also default judgment at judg...
Failure and default
Failure and default, Failure and default are synonymous terms. 'Failure' in the dictionary sense, means 'a falling short', 'a deficiency' or 'lack'. Default means omission of that which a man ought to do, Dhan Singh Ramkrishna Chaudhuri v. Laxminarayan Ramkishan, AIR 1974 SC 1613 (1616): (1974) 2 SCC 293: (1975) 1 SCR 94....
Earnest money
Earnest money, The earnest money is a part of the purchase price when the transaction gets through and the same is forfeited when the transaction falls through by reason of the default or failure on the part of the vendee, H.U.D.A. v. Kewal Krishan Goel, (1996) 4 SCC 249: AIR 1996 SC 1981.The earnest money is part of the purchase price when the transaction goes forward and it is forfeited when the transaction falls through, by reason of the fault or failure of the purchase. Earnest money or deposit serves two purposes of being part-payment of the purchase money and security for the performances of the contract by the party concerned, who paid it. (AIR 1926 PC 1), Videocon Properties Ltd. v. Bhalchandra Laboratories, (2004) 3 SCC 711: AIR 2004 SC 1787 (1793). [Transfer of Property Act, 1882, s. 55(6)(b)]A deposit paid (usu in escrow) by a prospective buyer (esp. of real estate) to show a good faith intention to complete the transactions and ordinarily forfeited if the buyer default, Bla...
Executory limitation
Executory limitation. A limitation of a future interest by deed or will; if by will, it is also called an executory devise. The (English) Conveyancing Act, 1882 (45 & 46 Vict. c. 39), s. 10, restricted executory limitations of land contained in an instrument coming into operation after 1st January, 1883, by the enactment:'Where there is a person entitled to land for an estate in fee, or for a term of years absolute or determinable on life, or for term of life, with an executory limitation over on default or failure of all or any of his issue whether within or at any specified period of time or not, that executory limitation shall be or become void and incapable of taking effect, if and as soon as there is living any issue who has attained the age of 21 years, of the class on default or failure whereof the limitation over was to take effect.' See Re Booth, (1900) 1 Ch 768; Re Shrubb, 1910 WN 143.These provisions were re-enacted by s. 134 of the (English) Land Charges Act, 1925, and exte...
Default
Default, omission of that which a man ought to do; neglect.When a defendant neglects to take certain steps in an action, which are required by the rules of Court, the Court may thereupon give judgment against him by default. The defendant allows judgment by default either intentionally or through mistake or neglect; intentionally, where he has no merits, or where he does so according to a previous agreement with the plaintiff; through mistake, when he delivers a pleading so defective that it is treated as a nullity; and through neglect, when perhaps he has no merits, but omits to appear, plead, etc., within the time limited by the rules of the Court for that purpose. This is an implied confession of the action. See the titles JUDGMENT, APPEARANCE, and PLEADING.It is defined as the non-performance of a duty, a failure to perform a legal duty or an omission to do something required, S. Sundaram Pillai v. V.R. Pattabiraman, (1985) 1 SCC 591: AIR 1985 SC 582: (1985) 2 SCR 643.It means non-...
Default
A failing or failure omission of that which ought to be done neglect to do what duty or law requires as this evil has happened through the governors default...
Earnest
Earnest [fr. eornest, Sax.], the sum paid by the buyer of goods in order to bind the seller to the terms of the agreement. It is enacted by the 4th s. of the Sale of Goods Act, 1893, re-enacting, but not quite in the same words, the 17th section of the Statute of Frauds, 29 Car. 2, c. 3, that 'a contract for the sale of any goods, for the price of 10l. or upwards, shall not be enforceable by action, unless the buyer accept part of the goods or give something in earnest to bind the contract, or in part payment,' or some note in writing of the bargain be made and signed by the parties to be charged or their agents.As to what amount is sufficient earnest, Blackstone lays it down (Bk. II. p. 447) that 'if any part of the price is paid down, if it be but a penny, or any portion of the goods is delivered by way of earnest,' it is binding. To constitute earnest the thing must be given as a token of ratification of the contract, and it should be expressly stated so by the giver.The following p...
forfeiture
forfeiture 1 : the loss of a right, money, or esp. property because of one's criminal act, default, or failure or neglect to perform a duty compare waiver 2 : something (as money or property) that is forfeited as a penalty ...
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