Legal Definitions - failure

Definition: Failure refers to a deficiency or lack of something expected or an omission of an action or performance that was expected.

Examples:

• Failure of a condition: This refers to the non-occurrence of an event that was made a condition of a contract. For instance, if a contract was made on the condition that a certain product would be delivered by a specific date, and the product is not delivered by that date, it is considered a failure of condition.
• Failure of consideration: This refers to a situation where one party fails to fulfill their part of the contract, leading to a failure of the entire contract. For example, if a person pays for a service, but the service provider fails to deliver the service, it is considered a failure of consideration.
• Failure of title: This refers to a situation where a seller is unable to establish a good claim to the property they contracted to sell. For instance, if a person sells a property they do not legally own, it is considered a failure of title.

These examples illustrate how failure can occur in different contexts, such as in contracts, property ownership, and service delivery.