Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Failure
1. Deficiency; lack; want. 2. An omission of an expected action, occurrence, or performance. See LAPSE (2). failure of a condition. A situation in which an event required in a contract is not satisfied, as a result of which the adversely affected party is discharged from performing. This situation does not void the contract; the parties are still bound, but one party does not have to perform because of the failure of the condition. failure of consideration. See FAILURE OF CONSIDERATION. failure of good behavior. A civil servant's act that is ground for removal. failure of issue. See FAILURE OF ISSUE. failure of justice. See MISCARRIAGE OF JUSTICE.
consideration, failure of
See FAILURE OF CONSIDERATION.
dismissal for failure to prosecute
See dismissal for want of prosecution.
failure of consideration
A situation in which a contract's basis or inducement ceases to exist or becomes worthless. ( This term, unlike consideration per se, relates not to the formation of a contract but to its performance. See CONSIDERATION. Cf WANT OF CONSIDERATION. "An illustration will help indicate how the term is used. If C promises to build a structure for O and O promises to make payment when the work is completed, it is clear that there is consideration on both sides of this contract and that therefore a contract was formed upon the exchange of promises. If C fails to perform, the result is sometimes described as a 'failure of consideration.' 'Failure of consideration' simply means a failure to perform and as used covers both a material breach of constructive conditions and a failure to perform an express condition. The use of the term 'failure of consideration' in this sense appears to be an unnecessary invitation to confusion because the word consideration is being used in two different senses. Fortunately, the use of this phrase has gradually fallen into disuse. It is, however, still sufficiently widespread to be mentioned here. This volume nowhere utilizes 'failure of consideration' as an operative concept." John D. Calamari & Joseph M. Perillo, The Law of Contracts ยง 11-21, at 474-75 (3d ed. 1987).
failure of good behavior
See FAILURE.
failure of issue
The fact of dying without children, esp. if they would have inherited the decedent's estate. - Also termed dying without issue. See ISSUE (3). "There has been considerable litigation during the past several centuries over the meaning of a gift to 'A and his heirs, but if A shall die without issue, to B and his heirs.' First of all, what does 'die without issue' mean? The answer appears simple - you look to the time of A's death to determine whether or not he has any children or grandchildren. But that is not the way the English courts originally construed this language. The English adopted the so-called 'indefinite failure of issue' construction - if at any time in the future A's line of descent should come to an end, then there was a gift over to B and his heirs. The effect of this was a fee tail in A and a remainder in B. This seems a distortion of the language, and particularly unsuited to American circumstances since the fee tail never found a real home here. Most of our jurisdictions, by judicial decision or statute, adopted the so-called 'definite failure of issue' construction - you look to the date of A's death to determine whether he has issue, and to that time alone. If A has issue at that time, then the gift over to B fails. This seems to be the literal meaning of the words, and it is the only sensible conclusion in a system where the fee tail is virtually a dead letter. The English also struck down the constructional preference for indefinite failure -by statute in the nineteenth century." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 236-37 (2d ed. 1984).
failure of justice
See MISCARRIAGE OF JUSTICE.
failure of proof
See FAILURE.
failure of title
A seller's inability to establish a good claim to the property contracted for sale. Cf. clear title under TITLE.
failure of trust
See FAILURE.
failure otherwise than on the merits
See FAILURE.
failure to bargain collectively
An employer's refusal to discuss labor issues with a union.
failure to make delivery
See FAILURE.
failure to meet obligations
See BANKRUPTCY (2); INSOLVENCY.
failure to perform
See FAILURE.
failure to state a cause of action
See FAIL URE.
failure to testify
See FAILURE.
failure to thrive
A medical and psychological condition in which a child's height, weight, and motor development fall significantly below average growth rates. ( Failure to thrive is sometimes asserted as a ground for terminating parental rights.
failure-to-perform exclusion
A provision in some commercial general liability policies, excluding coverage for (1) the loss of use of undamaged property resulting from the in- sured's delay or failure in performing an obligation, or (2) a design defect or failure in the insured's product. - Also termed loss-of-use exclusion.
indefinite failure of issue
A failure of issue whenever it happens, without any certain period within which it must happen.
partial failure of consideration
A situation in which the contract consists of separable items of consideration and separable parts of the agreement, so that if part of the consideration fails, the appropriate part of the agreement can be apportioned to it. 0 The several parts of the contract are in effect treated as separate contracts, and the contract is voided only to the extent that the consideration for one part fails.
total failure of consideration
A situation in which the contract is indivisible so that a complete lack of consideration voids the contract. "The concept of total failure of consideration is a somewhat technical one. In particular there may be a total failure of consideration even though the defendant has actually done some work or expended some money in the performance of the contract, provided that what he has done has not enured to the benefit of the other party. For example, if a person orders machinery to be specially constructed for him, there will be a total failure of consideration if none of the machinery is delivered to him although work may have been commenced and money expended on it. On the other hand, if some benefit has been received under the contract, no matter how trifling, there is no total failure of consideration. In this case, just as there is generally no right to part payment for part performance, so also there is generally no right to part recovery for partial failure of consideration." P.S. Atiyah, An Introduction to the Law of Contract 306-07 (3d ed. 1981).