latent damage

latent damage

damage that is not immediately obvious. It causes problems in relation to time bar. Time bar seeks to cut off stale claims. However, with latent damage the plaintiff does not know to claim. Accordingly legal systems often take account of this in their detailed rules. It maybe that time will run from the date when the action accrued or alternatively some often shorter date from the time when the plaintiff knew or ought to have known about the damage (perhaps the day when smoke stopped coming out of the chimney or parts of the chimney began to fall into the garden), whichever is the later. Even then there maybe a long stop to prevent very stale claims coming to court.
Mentioned in ?
References in periodicals archive ?
Reform the so-called discoverability test in the Prescription and Limitation (Scotland) Act 1973 relating to the state of knowledge of a creditor in cases of latent damage, such as when a defect emerges in a building long after it was built
TEHRAN (FNA)- Cluster bombs are banned by 83 nations, they are considered as the most vicious weapons in a war because of the deadly latent damage they cause to civilians and children before fighters.
In effect, a device with latent damage has a shortened operational life.
The primary effect of the ruling is that it could help bolster the legal cases of Shugar and more than 450 other victims of the Northridge Earthquake who found latent damage long after the quake, and were denied payment under the limitation clause.
This timing control prevents latchup conditions that can cause immediate damage or even latent damage that produces failures in the field.
In ESD terms, latent damage occurs when a device is partially degraded during manufacturing and handling, yet it meets product test specifications and is ultimately shipped to a customer.
caused significant latent damage to the existing airfield lighting cable network.
Unlike conventional dry strip technologies, Axcelis' He:H(2) process does not introduce latent damage in low-k materials; such damage typically leads to adverse changes in a dielectric's insulating properties and physical characteristics.
This is because conventional dry resist strip cleaning processes introduce latent damage in low-k materials, leading to adverse changes in the materials' insulating properties and physical characteristics.
This is because conventional dry cleaning processes introduce latent damage in low-k materials, leading to adverse changes in the dielectric and the material's physical properties; these changes are especially evident after a wet cleaning step.
On the other hand, we can encounter very elaborate counterfeit integrated circuit parametrically almost identical with original component, but for instance, with reduced reliability, narrower application temperature range, latent damages, or with other dissimilarities hardly detectable in production assembly process.
In addition, many real estate professional bodies in Canada have alerted their members to grower tenants, the latent damages grow houses can cause, and provided guidelines to deal with this risk when selling or re-leasing.