Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Default
n. The omission or failure to perform a legal or contractual duty; esp., the failure to pay a debt when due. - default, ub. - defaulter, n.
Defaulter
1 A person who is in default. 2. A person who misappropriates or fails to account for money held in the person's official or fiduciary capacity.
Fault
An error or defect of judgment or of conduct; any deviation from prudence or duty resulting from inattention, incapacity, perversity, bad faith, or mismanagement. See NEGLIGENCE. Cf. LIABILITY.
Magna culpa dolus est. Great fault
is equivalent to fraud.
all faults, with
see as is.
comparative fault
See comparative negligence under NEGLIGENCE.
cross-default
A provision under which default on one debt obligation triggers default on another obligation.
default judgment
1 A judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiff's claim, often by failing to appear at trial. 2. A judgment entered as a penalty against a party who does not comply with an order, esp. an order to comply with a discovery request. - Also termed judgment by default. See JUDGMENT.
delictual fault
Civil law. A legal obligation arising between people independent of any prior contractual or other legal relationship between them, such as the obligation arising when one person commits a tort against another person.
fault of omission
Negligence resulting from a negative act. See negative act under ACT (2).
fault-first method
A means by which to apply a settlement credit to a jury verdict, by first reducing the amount of the verdict by the percentage of the plaintiff's comparative fault, then subtracting from the remainder the amount of any settlements the plaintiff has received on the claim. See SETTLEMENT CREDIT. Cf. SETTLEMENT-FIRST METHOD.
judgment by default
See DEFAULT JUDGMENT.
liability without fault
See strict liability under LIABILITY.
major-and-minor fault rule
See MAJORrMINOR FAULT RULE.
major-minor fault rule
Maritime law. The principle that if the fault of one vessel in a collision is uncontradicted and sufficient to account for the accident, then the other vessel is presumed not to have been at fault and therefore not to have contributed to the accident. -Also termed major-and-minor fault rule.
nihil-dicit default judgment
See DEFAULT JUDGMENT.
nil-dicit default judgment
[Latin "he says nothing"] A judgment for the plaintiff entered after the defendant fails to file a timely answer, often after appearing in the case by filing a preliminary motion. -Also termed nihil-dicit default judgment. -Often shortened to nihil dicit.
no-answer default judgment
A judgment for the plaintiff entered after the defendant fails to timely answer or otherwise appear.
no-fault
adj. Of or relating to a claim that is adjudicated without any determination that a party is blameworthy <no-fault divorce>.
no-fault auto insurance
An agreement to indemnify for a loss due to personal injury or property damage arising from the use of an automobile, regardless of who caused the accident.
no-fault divorce
See DIVORCE.
post-answer default judgment
A judgment for the plaintiff entered after the defendant files an answer, but fails to appear at trial or otherwise provide a defense on the merits.
procedural-default doctrine
The principle that a federal court lacks jurisdiction to review the merits of a habeas corpus petition if a state court has refused to review the complaint because the petitioner failed to follow reasonable state-court procedures. procedural due process See DUE PROCESS.
sale with all faults
See sale as is under SALE.
saver default
[Law French] Hist. To excuse a default. - Also spelled saver default; saver defaut.
taker in default
A person designated by a donor to receive property under a power of appointment if the donee fails to exercise that power.
with all faults
See As Is,