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 ?
population has a patent foramen ovale (PFO), a congenital defect in the septum between the left and right atrium, according to Dr.
The author was born with a congenital defect which required her left foot be amputated by the age of four: by age eight she'd had dozens of operations and lost nearly her entire leg--and become the 'poster child' for the March of Dimes.
Milagros Cerron, whose first name means "miracles" in Spanish, was born with a rare congenital defect known as sirenomelia, or mermaid syndrome, which left her legs connected from her heels to her groin.
Alex Padilla, D-Van Nuys, is back at work after brain surgery to correct a congenital defect, but he has been thrust immediately into the real world of politics.
It's hard to read Ron Powers' engaging new Mark Twain: A Life (Free Press) and not conclude that there's a congenital defect in the very heart of American literature.
Perhaps the child was born deaf, with a congenital defect in her auditory cortex.
Six-year-old Nicole Contreras was born with a hole between two chambers in her heart, a common congenital defect that previously would have required open-heart surgery to repair.
Most often there is a pre-existing condition such as abdominal muscle weakness or a congenital defect.
The two-word phrase is defined as follows in American Heritage Dictionary, 4th edition: "A congenital defect in which the spinal column is imperfectly closed so that part of the meninges or spinal cord protrudes, often resulting in hydrocephalus and other neurological disorders.
Ash Pawade, who carried out the heart surgery on Luke, said the surgery may have worsened a congenital defect in Luke's aortic structure, which had then caused his breathing problems.
Parents of a child born with a cleft palate/lip condition have cited God's punishment of them for premarital sex or infidelity as the cause of their child's congenital defect (p.
Nationally, mortality rates for these nine procedures vary widely, from less than one percent for repair of a ventricular septal defect to more than 16 percent for the Norwood procedure, the first operation in a series of three used to treat a severe congenital defect in which the left side of the heart is underdeveloped.

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