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Related to defect: mass defect, defect management, Software 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.


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)


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


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


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 classic literature ?
As the necessities of the State, nevertheless, must be satisfied in some mode or other, the defect of other resources must throw the principal weight of public burdens on the possessors of land.
The THIRD point to be inquired into is, how far considerations of duty arising out of the case itself could have supplied any defect of regular authority.
It consists in some defect or ugliness which is not painful or destructive.
But that is not all, that is not his worst defect; his worst defect is his perpetual moral obliquity, perpetual--from the days of the Flood to the Schleswig-Holstein period.
And if those seigniors are considered who have lost their states in Italy in our times, such as the King of Naples, the Duke of Milan, and others, there will be found in them, firstly, one common defect in regard to arms from the causes which have been discussed at length; in the next place, some one of them will be seen, either to have had the people hostile, or if he has had the people friendly, he has not known how to secure the nobles.
For defect, which is an evil, has excess for its contrary, this also being an evil, and the mean.
There is, I believe, in every disposition a tendency to some particular evil-- a natural defect, which not even the best education can overcome.
What he said had a hateful truth in it, and another defect of my character is that I enjoy the company of those, however depraved, who can give me a Roland for my Oliver.
Philip had never been able to surmount what he acknowledged was a defect in his resolute desire for a well ordered life, and that was his passion for living in the future; and no sooner was he settled in his work at the hospital than he had busied himself with arrangements for his travels.
This is what I find the fatal defect of our American Ossian, Walt Whitman, whose way is where artistic madness lies.
I have a theory that any physical defect has its correlative mental and moral defect.
Well, and can the eyes fulfil their end if they are wanting in their own proper excellence and have a defect instead?