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Fail - Law Dictionary Search Results
Passing off
(1986) 1 SCC 465. It is possible that on the same facts, a suit for passing off may fail but a suit for infringement may succeed because the additions, the get-up and trade-dress may enable a defendant
Trust
recommendatory trusts, if the words for any reason do not amount to a trust, or the intended trust fail in the whole or in part, the absolute interest remains in the donee; or if the trust established
Existence or extent of a legal right
claim of the plaintiff, if the legal right of the defendant is established, the suit is bound to fail. But on failure of either to establish his own legal right, the suit will still fail because the
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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]
estoppel
making an assertion to another's disadvantage when the person previously had the opportunity and duty to speak but failed to do so estoppel in pais : equitable estoppel in this entry file wrap·per estoppel : an estoppel
derivative action
association to assert a cause of action usually against an officer which the corporation or association has itself failed to assert for its injuries called also derivative suit shareholder's derivative suit compare direct action NOTE: A shareholder
Desertion
from running and so prevent the wife from obtaining a judicial separation under the Act of 1857, see Failes v. Failes, 1906, P. 326. Desertion for two years will revive condoned adultery, Houghton v. Houghton, 1903, P.
failure
failure 1 : omission of occurrence or performance ;specif : a failing to perform a duty or expected action
impossibility
allow prosecution for attempt or for another inchoate offense. For example, if the defendant constructed a bomb that failed to explode, factual impossibility would be a defense against murder charges, but not attempted murder. impossibility of per·for·mance
surcharge
surcharge 1 : to impose a surcharge on [ a trustee for failing to exercise due care] 2 : to show an omission in (an account) for which credit ought to
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