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1 : omission of occurrence or performance
: a failing to perform a duty or expected action [a to mitigate damages] [ to prosecute]
2 : a lack of success or adequacy [ of a suit]
3 : a failing in business
Source: Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.