Scottish National Dictionary (1700–)
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First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.
MORA, n. Sc. Law: delay in pressing a claim or obligation which may infer that the claim or obligation has been abandoned by the pursuer (Sc. 1949 A. D. Gibb Legal Terms 56). Also in phrs. in mora, mora and taciturnity, see quots. [′mɔrə]Sc. 1722 W. Forbes Institutes I. ii. 162:
An Obligation to a Day is that which is presently binding, but whereof Performance cannot be sought for a certain Time. After elapsing whereof, . . . the Debtor is in Mora, without Necessity upon the Creditor to require Payment.Sc. 1773 Erskine Institute ii. xii. § 16:
If the user of the diligence be in mora, i.e. if he hath taken no step for a considerable time to perfect his diligence, he is construed to have relinquished or abandoned it.Sc. 1838 W. Bell Dict. Law Scot. 658:
Mora, or delay, is a general term applicable to all undue delay in the prosecution or completion of an inchoate bargain, diligence, or the like.Sc. 1868 Session Cases 890:
The obligation to repay was not extinguished by mora.Sc. 1896 W. K. Morton Manual 330:
Mora and taciturnity. — By this is meant delay short of the period necessary for prescription, but which, combined with the silence of the creditor, creates the inference of abandonment of the obligation.Sc. 1927 Gloag & Henderson Introd. Law Scot. 128:
In the case of obligations which require to be constituted by proof the plea of mora and taciturnity may be put forward.
