Also known as: demeure · mise en demeure · default · delay
Written by attorneys · grounded in primary & secondary sources — see below
A debtor status in civil law that arises when the debtor fails to pay an obligation after proper demand according to its terms.
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Eric Espinoza borrowed funds from Eastern Electric secured by his warehouse. After missing two installment payments, Eastern Electric declared the full balance due and initiated foreclosure proceedings. Eric retained possession until the sale but lost the right to redeem once the property transferred.
Ethan Evans sued Elite Dynamics for breach. During negotiations Ethan offered to accept a reduced sum. At trial Elite Dynamics introduced the offer solely to show Ethan's bias against a key witness. The court admitted the evidence for that limited purpose.
Erika Echevarria represented a client in a contract dispute. She served burdensome discovery on a non-party supplier solely to pressure the supplier into pressuring the opposing party. The supplier moved for sanctions under the rule prohibiting means that have no substantial purpose other than to burden a third person.
Eugene Ellsworth held a note from Empire Logistics that required payment in gold. A state statute later allowed payment in paper currency. Empire Logistics tendered paper. Eugene sued, claiming the statute impaired the obligation of contract in violation of the constitutional prohibition.
Esther Eisenberg sued Everlasting Insurance and demanded $75,000 in her complaint. When the insurer defaulted, the court entered judgment for $110,000. The insurer moved to vacate the excess amount because a default judgment may not exceed the relief demanded in the pleadings.
Ewan Eckhart leased space from Eastern Electric for a retail store. The landlord failed to repair the roof. Ewan incurred extra utility costs for temporary heating that the landlord could have foreseen. Ewan recovered those losses as damages caused by the landlord's default.
A proper demand for payment must be made according to the terms of the obligation, after which the debtor fails to pay.
Supporting sources
The definition requires only that demand be made according to the terms of the obligation. The form of demand follows those terms.
Supporting sources
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