Written by attorneys · grounded in primary & secondary sources — see below
A state of delay or default arising when a debtor fails to perform an obligation at the time performance is due.
Sources & Authorities· 33 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Mortgagor Falls Behind on Payments
Igor Ito stops making monthly payments on the note secured by his home. Infinity Bank declares the full balance due and begins foreclosure proceedings. Because Igor is in mora on the installment obligation, the bank may exercise its security interest and sell the property to satisfy the debt.
Settlement Offer Used to Show Bias
Iain Irons offers to pay Ines Ibarra a reduced sum to end a contract dispute. At trial Ines seeks to introduce the offer to prove Iain's bias as a witness. The court admits the evidence under the bias exception even though the underlying dispute involves a prior default.
Idina Iverson's counsel serves repeated discovery requests on a non-party witness solely to pressure settlement. The court sanctions the conduct because the lawyer used means having no substantial purpose other than to burden the witness.
State Law Impairs Contract
Inertia Dynamics holds a contract with a state agency. The legislature enacts a statute extending the time for performance after the company has already defaulted. The law is challenged as impairing the obligation of contracts under the Constitution.
Default Judgment Exceeds Pleadings
Ismael Ibrahim fails to answer a complaint seeking $50,000 in damages. The court enters a default judgment for $75,000 plus injunctive relief. The judgment is vacated because it exceeds the relief demanded in the pleadings.
Landlord Default Triggers Tenant Damages
Ingrid Innes leases space from Ironwood Capital. After the landlord fails to repair the roof, Ingrid incurs extra costs for substitute premises. Because the landlord is in mora on its lease obligations, Ingrid recovers the reasonable additional expenses under the applicable damage formula.
Common questions
Frequently Asked
3
What does it mean for a party to be in mora?+
A party is in mora when it delays or fails to perform an obligation at the time performance is due under Roman-law principles.
Supporting sources
Does being in mora automatically trigger remedies?+
Being in mora places the defaulting party in a position where the other side may pursue available remedies such as acceleration, foreclosure, or damages, but the specific remedy depends on the governing contract or statute.
Supporting sources
Is the concept of mora limited to Roman law?+
The term originates in Roman law but describes the same factual situation of contractual or legal default that appears throughout modern property, contract, and procedural rules.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…"b. An important function of counselling should be to simplify and expedite the provision of abortion services; it should not delay the obtaining of these services. "c. Psychiatric consultation should not be mandatory. As in the case of other specialized medical services, psychiatric consultation should be sought for…
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