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

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 ?
Buni assured the defectors of equal opportunity in APC, saying: 'From now henceforth, you are as old and equal with those earlier in the party.
The 997 defectors whose information were leaked, have been notified of the incident.
The Unification Ministry said it was notifying the affected defectors and there were no reports of any negative impact of the data breach.
Analysts say there are some concerns that the leak could endanger the families of the defectors that still remain in North Korea.
Such anxiety over forcible repatriation of North Korean defectors has surfaced in recent weeks after a local current affairs TV program reported a dozen North Korean waitresses, who fled to the South two years ago, had been duped into leaving by South Korea's spy agency, National Intelligence Service (NIS).
Joblessness among defectors is seven percent, nearly twice the overall figure in the South, while their monthly income is about half the national average.
The democratic adaptability of North Korean defectors has direct implications for political stability in South Korea, but also more generally for host democracies receiving an increasing number of refugees fleeing from authoritarian contexts.
There is also a great risk in China for defectors like her as brokers are 'liars' and would even sell Korean women to Chinese men, she added.
The exploitation of defectors lends support to the argument that counterinsurgency is essentially a political struggle, rather than strictly a military one, and thus political measures taken by counterinsurgents strongly influence who wins and who loses.
During the weeklong event, participants attended workshops and roundtable discussions with defectors and affected communities.
According to the opposition official, government forces opened fire on the SPLA-IO forces in Ketbek station after the opposition group's patrolling team who received the defectors refused to hand over those who defected.
A former ISIL operative who asked not to be named told the observatory that the defectors, mostly Chechen nationals and individuals from Central Asia, were hanged to death for attempting to leave to al-Nusra Front.