A theory of failure conditions, which depends on the deformation history is proposed. The constitutive relations are assumed to have a generalized form of the hypo-elastic type, that is, the stress rate is a function of the stress and a functional for the deformation history. The failure criterion are defined by a singularity condition, and the failure stretching by a null space. An integral inner-product form of the constitutive functional is obtained. Several special failure criteria, a modified von Mises criterion and a modified Huber-Tresca yield criterion, are proposed.