DEFAULT

failure to discharge a duty. The term is often used in the context of mortgages to describe failure of the mortgagor to pay installments when due, and in the context of judicial proceedings to describe failure of one of the parties to take procedural steps to prevent entry of a judgment against him (called a default judgment).

See delict.

The true purpose of the entry of a default is to speed the cause thereby preventing a dilatory or procrastinating defendant from impeding the plaintiff in the establishment of his claim. It is not procedure intended to furnish an advantage to the plaintiff so that a defense may be defeated or a judgment reached without the difficulty that arises from a contest by the defendant.

DEFAULT

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DEFAULT

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