31.   However, although the failure to consult was unlawful, the fact was that the unit had already been closed.

32.   The defendant must prove that the plaintiff failed to take reasonable care for his own safety and that this failure was a cause of his damage.

33.   Where there is a failure in supervision, then the superior could be negligent.

34.   Doubtless there were some failures of understanding and communication -- within as well as between the two administrations.

35.   Since success was due to personal merit, failure was clearly due to personal lack of merit.

36.   In that case there had been a failure to make an application to appoint an independent surveyor within the time limit in the lease.

37.   Is the failure to follow a fair procedure a ground for challenging the decision?

38.   Also, failure is the key ingredient of schadenfreude, our reflexive instinct to rejoice in the misfortune of others.

39.   Although many factors explain the gulf between our strengths and our weaknesses, the most fundamental failure is our educational system.

40.   An investigation determined that the failures were largely a result of inadequate management in the design and testing of the spacecraft.