Legal Definitions - failure

In legal terms, failure refers to the non-occurrence of an expected event, the omission of a required action, or the inability to meet a specific standard, obligation, or condition. It signifies a shortfall or a lack where something was legally anticipated or mandated, often leading to legal consequences.

• Example 1: Contractual Obligation

  Imagine a software development company that signs a contract to deliver a new mobile application to a client by a specific date. Due to unforeseen technical challenges and poor project management, the company misses the deadline and delivers the app several weeks late.

  This situation illustrates a failure to perform a contractual obligation. The company failed to meet the agreed-upon delivery date, which was a key expectation and condition of their contract. This non-performance constitutes a legal failure, potentially allowing the client to seek remedies for breach of contract.

• Example 2: Evidentiary Requirement

  Consider a personal injury lawsuit where the plaintiff claims they suffered severe emotional distress after an accident caused by the defendant. However, during the trial, the plaintiff's lawyer does not present any expert psychological testimony, medical records, or other corroborating evidence to substantiate the claim of severe emotional distress.

  This scenario demonstrates a failure of proof. The plaintiff's legal team failed to produce the necessary evidence to establish a crucial element of their claim (the extent and impact of the emotional distress). Without adequate proof, the court may rule against that specific claim, regardless of whether the distress was genuinely experienced.

• Example 3: Statutory Formalities

  A person drafts a document outlining how their assets should be distributed after their death, intending it to be their last will and testament. However, they only sign it in front of one witness, even though the law in their state explicitly requires two witnesses to be present and sign for a will to be legally valid.

  This is an example of a failure of will due to a lack of statutory formalities. Because the document did not meet the legal requirement of having two witnesses, it would likely be deemed invalid by a court. Consequently, the deceased person's wishes expressed in that document might not be legally enforceable, and their estate could be distributed according to state intestacy laws instead.