Default

Default in the United States

Default Definition

The nonperformance of a duty, whether arising under a contract or otherwise. 2 Barn. & Aid. 516. In Practice. The nonappearance of a plaintiff or defendant at court within the time prescribed by law to prosecute his claim or make his defense. [1] For other meanings of it, read Default in the Legal Dictionary here.

In plain or simple terms, Default means: Occurs when a defendant fails to respond to the plaintiff’s complaint within the time allowed, or fails to appear at the trail. The court may then enter a default judgement.

Plain-English Law

Default as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455): The failure to perform a legal duty. For example, a borrower defaults on a mortgage or car loan by failing to make the loan payments on time, failing to maintain adequate insurance, or violating some other provision of the agreement.

Practical Information

The failure to perform what is required by duty or law.

  • In litigation, a plaintiff or defendant is in default when he does not appear at court within the time prescribed by law to prosecute his claim or prosecute his defense. The judgment (in U.S. law) entered when the defendant does not appear is called a judgment by default. When a plaintiff defaults he or she may be nonsuited.
  • A borrower is in default when he fails to meet his obligation to pay. If security has been given for the debt and the borrower defaults, the lender has a right to look to that security for the satisfaction of the debt. See bond (in U.S. law) and mortgage (in U.S. law); pledge (in U.S. law).

(Revised by Ann De Vries)

Default meaning

A flaw in a product which causes it to malfunction which malfunction may lead to a tort. See: products liability.

A defect is ordinarily a condition precedent to the finding of a tort under a theory of strict liability. However there are exceptions to the rule: in cases of negligent supply by a merchant of an inherently dangerous product to minor the manufacturor can also be held liable.

Default (Leases)

This section introduces, discusses and describes the basics of default. Then, cross references and a brief overview about Leases is provided. Finally, the subject of Commercial Law in relation with default is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Default (Pretrial Judgments)

This section introduces, discusses and describes the basics of default. Then, cross references and a brief overview about Pretrial Judgments is provided. Finally, the subject of Civil Procedure in relation with default is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Default (Secured Transactions)

This section introduces, discusses and describes the basics of default. Then, cross references and a brief overview about Secured Transactions is provided. Finally, the subject of Commercial Law in relation with default is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

Notes

  1. This definition of Default is based on the The Cyclopedic Law Dictionary .

Further Reading

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