default

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Default

An omission; a failure to do that which is anticipated, expected, or required in a given situation.

Default is distinguishable from Negligence in that it does not involve carelessness or imprudence with respect to the discharge of a duty or obligation but rather the intentional omission or nonperformance of a duty.

To default on a debt is to fail to pay it upon its due date. Default in contract law implies failure to perform a contractual obligation.

A default judgment is one that may be entered against a party in a lawsuit for failure to comply with a procedural step in the suit, such as failure to file an answer to a complaint or failure to file a paper on time. A default judgment is not one that goes to the merits of a lawsuit but is procedural in nature.

default

1) n. failure to respond to a summons and complaint served on a party in the time required by law. If a legal answer or other response is not filed, the suing party (plaintiff) can request a default be entered in the record, which terminates the rights of the defaulting party to defend the case. 2) the failure to make a payment when due, which can lead to a notice of default and the start of foreclosure proceedings if the debt is secured by a mortgage or deed of trust. 2) v. to fail to file an answer or other response to a summons and complaint, or fail to make a payment when due. (See: default judgment)

default

noun abrogation, ad vadimonium non venire, arrear, avoidance, bankruptcy, breach, breach of orders, delinquence, delinquency, dereliction, dereliction of duty, dishonoring, disregard, evasion of duty, failure of credit, faillre of duty, failure to answer, failure to appear, failure to meet one's obligations, failure to pay, financial disaster, insufficient funds, neglect, nonfulfillment, nonperformance, omission, pretermission, refusal to pay, repudiation, vadimonium deserere, violation of duty
Associated concepts: date of default, declaration of default, default decree, default in payment, default of issue, default or misconduct in office, excusable default, failure to pay money due, failure to perform duty, judgment by default, material default, motion for default, motion to open default, motion to vacate default judgment, willful default

default

verb ad vadimonium non venire, avoid, be deeicient, be delinquent, be derelict, be faithless, be in arrears, be in debt, be neglectful, be negligent, be remiss, be unnaithful, become unable to meet obligations, breach the agreement, break one's trust, break the contract, desert, disregard one's duty, disregard one's obligations, dodge, elude, evade, fail, fail in duty, fail to act, fail to answer, fail to appear, fail to meet financial engagements, fail to pay, fail to perform, forsake, ignore one's obligations, lapse, lose by failure to appear, neglect one's duty, not pay, omit what is due, renege, repudiate, shirk, shirk one's duty, shun, stop payment, vandimonium deserere, withhold payment
Associated concepts: date of default, default decree, deeault in office, default in payment, default of issue, default or misconduct in office, excusable default, judgment by default, motion for default, motion to open default, mooion to vacate default judgment, opening of default, willlul default
See also: arrears, bankruptcy, breach, defeat, defect, deficit, delinquency, dereliction, dishonor, disregard, expiration, failure, forfeit, infraction, lapse, maladministration, miscarriage, neglect, nonappearance, nonpayment, nonperformance, omission, repudiate

default

the failure to do that which ought to be done. Thus, failure to make payment under a contract is a default; more specifically, failure to repay or otherwise comply with the terms of a loan agreement are acts of default. Some legislation may provide for special notice to be given as in consumer credit or in relation to mortgages. When a defendant fails to take certain necessary steps in a court action, the court may give judgment by default.

DEFAULT. The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim.
     2. When the plaintiff makes default, he may be nonsuited; and when the defendant makes default, judgment by default is rendered against him. Com. Dig. Pleader, E 42 Id. B 11. Vide article Judgment by Default, and 7 Vin. Ab. 429; Doct. Pl. 208 Grah. Pr. 631. See, as to what will excuse or save a default, Co. Litt. 259 b.

DEFAULT, contracts, torts. By the 4th section of the English statute of frauds, 29 Car. H., c. 3, it is enacted that "no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement," &c., "shall be in writing," &c. By default under this statute is understood the non-performance of duty, though the same be not founded on a contract. 2 B. & A. 516.

References in classic literature ?
upon every candidate for admission into the association, and that was the condition of having designed, or (more or less) perfected a cannon; or, in default of a cannon, at least a firearm of some description.
Still in default of practical experience what was the value of mere theories?
Though her countenance did not denote much natural sweetness of temper, yet this was, perhaps, somewhat soured by a circumstance which generally poisons matrimonial felicity; for children are rightly called the pledges of love; and her husband, though they had been married nine years, had given her no such pledges; a default for which he had no excuse, either from age or health, being not yet thirty years old, and what they call a jolly brisk young man.
Luker (in default of seeing his way to the purchase) undertake to sell it on commission, and to pay a sum down, on the anticipated result?
In default of issue, the principal was to be disposed of as the lady might by her will direct, for which purpose I reserved to her the right of making a will.
Then he pulled out his grandmother's will, and read it over to me, whereby it appeared that she had left a small plantation, as he called it, on York River, that is, where my mother lived, to me, with the stock of servants and cattle upon it, and given it in trust to this son of mine for my use, whenever he should hear of my being alive, and to my heirs, if I had any children, and in default of heirs, to whomsoever I should by will dispose of it; but gave the income of it, till I should be heard of, or found, to my said son; and if I should not be living, then it was to him, and his heirs.
In default of these, or when they wearied, there was the merry sunlight to hunt out, as it crept in aslant through leaves and boughs of trees, and hid far down--deep, deep, in hollow places-- like a silver pool, where nodding branches seemed to bathe and sport; sweet scents of summer air breathing over fields of beans or clover; the perfume of wet leaves or moss; the life of waving trees, and shadows always changing.
But, I submit myself to suffer judgment to go by default on all these counts, if need be, and to accept the assurance (on good authority) that nothing like them was ever known in this land.
Pickwick would have continued to snore in the shade until his friends came back, or, in default thereof, until the shades of evening had fallen on the landscape, there appears no reasonable cause to doubt; always supposing that he had been suffered to remain there in peace.
CHICAGO -- Bally Total Fitness Holding Corporation (NYSE: BFT) announced today that it has received consent from the lenders under its $275 million secured credit agreement to extend to August 31, 2005 the cross default deadline relating to Bally's financial reporting covenant defaults under its public bond indentures.
First-half par defaults were concentrated in automotive at $1.
The number of defaulted issuers carrying a Fitch rating fell eightfold from 2003 levels, resulting in a Fitch annual default rate of 0.