Failing

A failing short a becoming deficient failure deficiency imperfection weakness lapse fault infirmity as a mental failing...

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...

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] ...

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 ...

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 ...

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 have been given n 1 : an additional or excessive charge 2 : a penalty imposed on a fiduciary for failing to exercise due care in the management of assets ...

Dearle v. Hall

Dearle v. Hall. The rule which takes its name from this case, reported 1823, 3 Russ. 1, originated with the bankruptcy rule conferring the priority of assignments of choses in action according to the date of notice to the debtor by the assignment, Ryall v. Rowles, 1 Ves Sess 348. Before 1926 the rule was that the priority of equitable assignments of debts and other choses in action was determined by priority in date of notice to the trustees or other owners of the legal interest in the property assigned, see Ward v. Duncombe, 1893 AC 369. The rule did not extend to equitable interests in land except to proceeds of land held on trust for sale, see Lloyd's Bank v. Pearson, (1901) 1 Ch 685, and QUI PRIOR EST TEMPORE POTIOR EST JURE. S. 137 of the Law of Property Act, 1925, has extended the rule to dealings with equitable interests in land, capital money (see s. 205(1)(xxvi.) of the Act), and securities representing capital money effected after 1925. To effect priority among competing assi...

Existence or extent of a legal right

Existence or extent of a legal right, Ordinarily and generally, in any suit including the one under art. 131 the competition is between the legal right of the plaintiff and the defendant. But primarily, and almost invariably, the plaintiff has to establish his legal right in order to succeed in the suit. As against the 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 plaintiff cannot succeed unless he establishes his legal right. This proposition of law is so clear and axiomatic that the expression - 'the existence or extent of a legal right' - used in art. 131 undoubtedly is meant to bring about this result, State of Karnataka v. Union of India, (1977) 4 SCC 608: AIR 1978 SC 68: (1978) 2 SCR 1....

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. ...

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