Also known as: failures · nonperformance · default
Written by attorneys · grounded in primary & secondary sources — see below
A non-performance or non-occurrence of an act, duty, or condition required by law, contract, or other obligation. The omission triggers specified legal consequences such as liability, default remedies, or bars to further proceedings.
Freya Freeman borrowed from Frontier Capital and pledged her home as security under a mortgage. When Freeman missed three monthly payments, the lender treated the non-payment as a failure that allowed acceleration of the full debt and initiation of foreclosure proceedings to satisfy the obligation.
Frank Fisher sued Fidelity Trust alleging breach but omitted any facts showing the bank owed or breached a duty. The court granted the bank's motion because the pleading contained a failure to state a claim upon which relief could be granted.
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Felix Franco was convicted after a jury returned a guilty verdict that remained intact. Because the former prosecution resulted in a conviction, double-jeopardy rules prevented the state from retrying Franco on the same charges.
Francesca Fowler, a delivery driver employed by Foster Forge, failed to inspect cargo straps before departure. The court held that the servant's failure to act constituted conduct within the scope of employment, exposing the company to vicarious liability for resulting damage.
Francois Fortier contracted to sell a rare vintage press to Fumiko Fujimoto. Before delivery the press was destroyed by fire. The court excused Fortier's non-performance because the failure of the specific thing to remain in existence was a basic assumption on which the contract rested.
Fairfield Bank leased an apartment to Frontier Capital's employee. After the tenant took possession a pipe burst and flooded the unit. The landlord's failure to repair within a reasonable time after notice rendered the premises unsuitable and entitled the tenant to remedies under the lease.
Failure to state a claim challenges the legal sufficiency of the pleaded facts under Rule 12(b)(6). Failure to join a required party under Rule 19 is a separate defense that may be raised under Rule 12(b)(7) and addresses whether an absent person must be added for complete relief.
A servant's omission is within the scope of employment when the servant was engaged in work assigned by the master and the failure occurred in the course of performing that work, even though no affirmative act was taken.
A conviction exists when a judgment of conviction has not been reversed or vacated, a guilty verdict remains capable of supporting judgment, or a guilty plea has been accepted, provided any delay in entering judgment was not caused by the defendant's motion.
…The Does' complaint based on their own and their wives' alleged injury from the future possibility of contraceptive failure, possible future pregnancy, and possible future unpreparedness for parenthood is too speculative to present an actual case or controversy. Pp. 127-129. (c) The physician-appellant…