FAILURE OF RECORD

failure of record.Hist. In a trial by record, a party’s inability to produce the record and thereby prove a pleading; an absence of proof to support a party’s pleading. • The other party was entitled to summary judgment. See trial by record under TRIAL.[Blacks Law 8th]

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FAILURE-OF-PROOF DEFENSE

failure-of-proof defense.The defense that a party’s proof does not establish a fact essential to a claim or defense.[Blacks Law 8th]

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FAILURE

failure. 1. Deficiency; lack; want. 2. An omission of an expected action, occurrence, or performance. See LAPSE(2). failure of a condition.The nonoccurrence of an event that has been made a condition of the contract. • The usual result is that one or both of the parties do not have to perform because of the failure…

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