defect

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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 ?
Indeed, I have never seen a single report about a defector whose escape was seriously assisted by the China-based South Korean diplomatic staff (unless such a person was a very high-ranking individual).
He also said they want the government to take measures to support Japanese defectors from North Korea living in Japan.
Maynard Smith and the late George Price showed that cooperators and defectors coexist stably in a mix whose proportions are determined by the payoffs of the particular game.
The Nyanza counties of Homa Bay and Siaya have three top hawkish defectors who are also eyeing appointments as Cabinet Secretaries.
A day later, another MP told the house that, on the contrary, more intensive scrutiny was needed, citing government data that half of all North Korean spies arrested in the past 10 years had been disguised as defectors.
Towering above all these remains the king of defectors.
He also suffers bouts of depression, treated in part by audiences with a mid-ranking mullah who tells dirty jokes, the defector says.
Senior committee members decided to invite the defector, who was recommended by the DPJ, after the committee asked its chairman Motohisa Ikeda to decide who should testify.
Iranian dissident journalist Ali Reza Nourizadeh - who broke the news about Behbahani's defection on his website - said the defector was probably using an assumed name to hide his identity.
The two defectors were introduced by Casey Lartigue Jr, leader of the nongovernmental organization Teach North Korean Refugees and The Korea Times columnist, when the Times requested a couple of defectors for comments before the Pence visit.
Political debenture collectors have been wounded by Okech Kendo's column in the Star of Wednesday, December 13, cautioning the President against investing in latter-day defectors.