de·fault /di-'fȯlt, 'dē-ˌfȯlt/ n [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
◇ 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 vb
de·fault·er n
in default: in the condition of having defaulted
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.