defect

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Related to congenital defect: congenital heart defect, myeloma, Juvenile Arthritis

Defect

Imperfection, flaw, or deficiency.

That which is subject to a defect is missing a requisite element and, therefore, is not legally binding. Defective Service of Process, for example, is service that does not comply with a procedural or jurisdictional requirement. A defective will is one that has not been properly drawn up, has been obtained by unlawful means, or does not comply with a particular law. In some cases, however, defects can be cured; for example, defective service of process can be cured by the service of an amended complaint.

In Product Liability, a defective product is one that cannot be used for the purposes intended or is made dangerous as a result of a flaw or imperfection. Such a defect might exist in the entire design of a product or in the production of a particular individual product. A latent defect is one that is not readily observable by the buyer of an item, whereas a patent defect is obvious or immediately apparent upon observation.

A fatal defect is one that, due to its serious nature, serves to nullify a contract.

defect

n. an imperfection, quite often so great that the machinery or written document cannot be used. A car that will not run or has faulty brakes has a defect, and so does a deed in which a party who signed the deed to give over property did not have title to the property. There are also minor defects, like scratches that only lessen value, but do not make an object useless. (See: defective, defective title)

defect

noun blemish, blot, damage, deficiency, demerit, deviation, drawback, failing, fault, flaw, foible, frailty, impairment, imperfection, inadequacy, incompleteness, incompletion, infirmity, insufficiency, lack, mistake, mutilation, shortcoming, weakness
Associated concepts: actionable defect, concealed defect, cure of defects, dangerous defect, defect appearing upon face of record, defect in description, defect in form, defect in material or workmanship, defect in title, defect of parties, defect of substance, hidden defects, immaterial defects, innerent defect, jurisdictional defect, knowledge of defect, laaent defect, legal defect, material defect, mental defect, obbious defect, open and obvious defect, patent defect, products liability, structural defects

defect

verb abandon allegiance, abdicate, abscond, apostasize, back out, be disloyal, betray, break away, break fealty, break with, cast off, change sides, default, demit, desert, disavow, disobey, disown, forsake, leave, leave unlawfully, mutiny, prove treacherous, quit, rebel, renege, renounce, repudiate, resign, revolt, run away, secede, tergiversate, transfer, violate one's oath, withdraw one's support
See also: abandon, defacement, deficiency, depart, disadvantage, disease, disqualification, drawback, evacuate, fault, flaw, foible, frailty, handicap, leave, part, quit, stigma, vice

defect

in the law of tort or delict, a defect exists if the safety of the product is not such as persons generally are entitled to expect. In terms of the Consumer Protection Act 1987, defect is further explained as involving an examination of all the circumstances, including: the manner in which, and purposes for which, the product has been marketed; its get-up; the use of any mark in relation to the product and any instructions for, or warnings with respect to, doing or refraining from doing anything with or in relation to the product; what might reasonably be expected to be done with or in relation to the product; and the time when the product was supplied by its producer to another. Even if a product is defective, that is not enough to establish liability, particularly in light of the defences available.

DEFECT. The want of something required by law.
     2. It is a general rule that pleadings shall have these two requisites; 1. A matter sufficient in law. 2. That it be deduced and expressed according to the forms of law. The want of either of these is a defect.
     3. Defects in matters of substance cannot be cured, because it does not appear that the plaintiff is entitled to recover; but when the defects are in matter of form, they are cured by a verdict in favor of the party who committed them. 3 Bouv. Inst. n. 3292; 2 Wash. 1; 1 Hen. & Munf. 153; 16 Pick. 128, 541; 1 Day, 315; 4 Conn, 190; 5 Conn. 416; 6 Conn. 176; 12 Conn. 455; 1 P. C. C. R. 76; 2 Green, 133; 4 Blackf. 107; 2 M'Lean, 35; Bac. Ab. Verdict, X.

References in periodicals archive ?
Comparison of type of Congenital Defect (n= 182): In the present study we have classified all the anomalous cases according to the system and found that cardiovascular anomalies were the most common type.
2,3,4,5,6) Mental retardation and association with other congenital defects are often seen in this group, in which chromosomal aberrations are the most frequent etiology.
Approximately one half (8/18) of the cases in this report were found to involve genetic or congenital defect conditions that involved skin or skeletal findings rather than physical abuse.
1 -- 2) Above left, a young girl is shown before surgery to correct a lopsided nose, a congenital defect.
A parent's constant grief or guilt because the child was born with a congenital defect, experienced a trauma, or if the child has contracted a chronic disease which may be genetically related, can have a negative impact on the child's development.
According to veterinary doctors, ectopia cordis (EC) is a congenital defect of animals in which the heart is located outside the body or abnormally in the cervical region, pectoral region, or abdomen.
Summary: Sharjah Police are searching for parents who abandoned baby with congenital defect
An omphalocele is a congenital defect of body wall in which the amnion rather than skin covers the eviscerated abdominal organs (Baird, 1993).
Abdul Waheed told here Monday that a hospital of Sialkot had referred Muhammad Tabeeb, who was suffering from a rare congenital defect of left main coronary artery of his heart, to the PIC, Lahore.
It is hoped the detailed research will also give parents whose baby has been diagnosed with a congenital defect before birth a better understanding as to its life-expectancy so they can make important, informed decisions.
His rare congenital defect was found on Valentine's Day in 2005 after he was hit in the chest during a fight and he collapsed.
Severe loss of hearing is the most common congenital defect and affects between one and three newborns out of a thousand, according to the American Academy of Pediatrics, which has endorsed universal hearing tests for all newborns.

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