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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 periodicals archive ?
The critical role of the MC4 pathway in weight regulation was validated with the discovery that single genetic defects along this pathway result in early onset and severe obesity.
Nicknamed as "Hellboy" Schlitte's left arm is of normal size but a rare genetic defect makes his right forearm bone 33 per cent larger than his left, News.
Scientists from the Dr von Haunersches Children's Hospital in Munich, found that children with a particular genetic defect were five times as likely to have asthma, five times as likely to wheeze and nine times as likely to have shortness of breath.
Dr Sadaf Farooqi, of Addenbrookes, said on radio: "It is an incontrovertible fact that a genetic defect was the cause of this child's problem.
He said it was more likely Matthew and Jason were hyper-sensitive due to an allergy, genetic defect, or a response to risk factors such as tobacco smoke.
Zhang indicated that, had the test shown any evidence of genetic defect, she would have aborted the baby.
My dream is to clone myself, repair my clone's genetic defect, and give him the opportunity to fulfill the potential that has been denied to me by a cruel quirk of nature.
Since all routine methods of genetic analysis had failed to find the genetic defect in this region, we suspected the defect could be a rare DNA repeat expansion, so we specifically searched for one," says lead investigator Mariely DeJesus-Hernandez.
As in Prader-Willi syndrome, the obesity and appetite abnormalities in POMC deficiency patients is caused by a genetic defect in the MC4 pathway.
Washington, March 21 ( ANI ): Researchers have reported a defined genetic defect that causes a subset of irritable bowel syndrome (IBS).
SCIENTISTS have learned how to patch up a genetic defect which causes Duchenne, the severe type of muscular dystrophy.