Legal Definitions - in mora

In mora is a Latin legal term that translates to "in delay" or "in default." It describes a situation where a party has failed to fulfill a legal or contractual obligation by the agreed-upon time.

Specifically, it refers to a debtor or obligor who is late in performing their duty, such as making a payment, delivering goods, or completing a service, when that duty was due.

Here are some examples to illustrate this concept:

• Example 1: Rental Agreement

  Imagine a tenant, Mr. Henderson, who has a lease agreement stating that rent is due on the first day of each month. If Mr. Henderson fails to pay his rent by the first of the month and continues to delay payment, he would be considered in mora. He is in default of his contractual obligation to pay rent on time.

• Example 2: Construction Project

  A construction company, "BuildRight Inc.," signs a contract to complete a new office building by December 1st. Due to unforeseen delays and poor planning, BuildRight Inc. has not finished the project by the specified date. In this scenario, BuildRight Inc. is in mora because they are in delay of their contractual obligation to deliver the completed building by the agreed deadline.

• Example 3: Supply Contract

  A bakery places an order for a special type of flour from a supplier, "Grain Mills Co.," with a guaranteed delivery date of Tuesday morning to prepare for a large weekend order. If Grain Mills Co. fails to deliver the flour until Wednesday afternoon, they are in mora. They are in default of their obligation to supply the goods by the promised time, potentially causing significant issues for the bakery.