Legal Dictionary
Main Entry:
de·faultPronunciation:
di-'folt, 'dE-"foltFunction:
nounEtymology: Anglo-French
defalte defaute lack, fault, failure to answer a summons, from
defaillir to be lacking, fail, from
de-, intensive prefix +
faillir to fail
1 : failure to do something required by duty (as under a contract or by law): as
a : failure to comply with the terms of a loan agreement or security agreement esp. with regard to payment of the debt
b in the civil law of Louisiana : a delay in performing under a contract that is recognized by the other party
NOTE: A party whose performance under a contract is delayed is not automatically in default. Rather, the law of Louisiana requires that the other party “put him or her in default” by a written or witnessed oral request for performance, by filing suit, or by invoking a specific provision in the contract. Moratory damages may be recoverable for loss caused by the delay. 2 : failure to defend against a claim in court (as by failing to file pleadings or to appear in court) —see also
default judgment at
JUDGMENT 1a —
default verb —
de·fault·er noun —
in default : in the condition of having defaulted