Failed - Law Dictionary Search Results
Home Dictionary Name: failedFailing of record
Failing of record, when an action is brought against a person who alleges in his plea matters of record in bar of the action, and avers to prove it by the record; but the plaintiff saith nul tiel record, viz., denies there is any such record; upon which the defendant has a day given him by the Court to bring it in; if he fail to do it, then he is said to fail of his own record, and the plaintiff is entitled to sign judgment, Termes de la Ley....
Fail
To be wanting to fall short to be or become deficient in any measure or degree up to total absence to cease to be furnished in the usual or expected manner or to be altogether cut off from supply to be lacking as streams fail crops fail...
Failing
A failing short a becoming deficient failure deficiency imperfection weakness lapse fault infirmity as a mental failing...
fail
fail 1 : to be or become inadequate or unsuccessful esp. in fulfilling certain formal requirements [even though one or more terms are left open a contract for sale does not for indefiniteness "Uniform Commercial Code"] 2 : to become bankrupt or insolvent vt : to leave undone or neglect to do [ to appear in court] [ to read a contract] ...
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...
administrative dissolution
administrative dissolution Dissolution of a corporation by the state, usually by the Secretary of State, for such things as failing to pay taxes, failing to deliver an annual report, or operating without a registered agent ...
derivative action
derivative action : a suit brought by a shareholder on behalf of a corporation or by a member on behalf of an 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 or member bringing a derivative action must describe in the complaint attempts to obtain action from the corporate directors or association authorities, or from other shareholders or members, and the reasons these attempts failed. The plaintiff must fairly and adequately represent the other similarly situated shareholders or members, and the action may not be collusive. Federal Rule of Civil Procedure 23.1 governs derivative actions brought in federal court. ...
estoppel
estoppel [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop ] 1 : a bar to the use of contradictory words or acts in asserting a claim or right against another ;esp : equitable estoppel in this entry compare waiver equitable estoppel : an estoppel that prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions when allowing the new position to be adopted would unfairly harm another person who has relied on the previous position to his or her loss called also estoppel in pais NOTE: Traditionally equitable estoppel required that the original position was a misrepresentation which was being denied in the new position. Some jurisdictions retain the requirement of misrepresentation. estoppel by deed : an estoppel precluding a person from denying the truth of any matter that he or she asserted in a deed esp. regarding his or her title to the property compare after-acquired title a...
failure
failure 1 : omission of occurrence or performance ;specif : a failing to perform a duty or expected action [a to mitigate damages] [ to prosecute] 2 : a lack of success or adequacy [ of a suit] 3 : a failing in business ...
impossibility
impossibility pl: -ties 1 : the quality or state of being impossible ;also : the affirmative defense that something (as performance) is impossible 2 : something impossible 3 : impossibility of performance in this entry fac·tu·al impossibility : impossibility based on factual circumstances ;specif : a partial defense to criminal liability based on the incompletion of an intended criminal act NOTE: Factual impossibility is not a complete defense and does 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 1 : a doctrine in contract law that a party may be released from liability for breach of contract for failing to perform an obligation that is rendered impossible by uncontrollable circumstances (as death or failure of the means of delivery) 2 : a defe...
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