defect

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Related to defects: latent defects

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 classic literature ?
There was a radical defect somewhere, and I must search it out and cure it.
I have a great many defects, I know, and it's very good of you, Edward, with your strength of mind, to endeavour to correct them for me.
To attaine The highth and depth of thy Eternal wayes All human thoughts come short, Supream of things; Thou in thy self art perfet, and in thee Is no deficience found; not so is Man, But in degree, the cause of his desire By conversation with his like to help, Or solace his defects.
This made me reflect upon the fair skins of our English ladies, who appear so beautiful to us, only because they are of our own size, and their defects not to be seen but through a magnifying glass; where we find by experiment that the smoothest and whitest skins look rough, and coarse, and ill-coloured.
If we women did not love you for your defects, where would you all be?
And whatever defects her body may have, pleasant ways and good behaviour will go far to remedy them.
The third was wild and savage, and of monstrous stature; and the Fairy, his mother, who was ashamed of his defects, hoped to hide them by creating him King of the Seas.
His discourses on indifferent subjects will divert as well as instruct, and if either in these, or in the relation of Father Lobo, any argument shall appear unconvincing, or description obscure, they are defects incident to all mankind, which, however, are not too rashly to be imputed to the authors, being sometimes, perhaps, more justly chargeable on the translator.
The first of them, Alexander Bell, had invented a system for the correction of stammering and similar defects of speech.
It was attended by delegates from only five of the central States, who, on comparing their restricted powers with the glaring and universally acknowledged defects of the Confederation, reported only a recommendation for the assemblage of another convention of delegates to meet at Philadelphia, in May, 1787, from all the States, and with enlarged powers.
Then if there are any imperfections in the constitutions of states (and that many such exist the diversity of constitutions is alone sufficient to assure us), custom has without doubt materially smoothed their inconveniences, and has even managed to steer altogether clear of, or insensibly corrected a number which sagacity could not have provided against with equal effect; and, in fine, the defects are almost always more tolerable than the change necessary for their removal; in the same manner that highways which wind among mountains, by being much frequented, become gradually so smooth and commodious, that it is much better to follow them than to seek a straighter path by climbing over the tops of rocks and descending to the bottoms of precipices.
These are not vague inferences drawn from supposed or speculative defects in a Constitution, the whole power of which is lodged in the hands of a people, or their representatives and delegates, but they are solid conclusions, drawn from the natural and necessary progress of human affairs.