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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Essa afirmacao possui, de modo intrinseco, um conjunto de desafios a serem superados, como a qualificacao permanente do corpo docente em atividade no Ensino Superior, a promocao de praticas docentes envolvendo a Cultura Digital, a incorporacao de recursos comuns a EAD tambem nas modalidades presenciais e a conscientizacao acerca dos beneficios proporcionados pelas NTD. Contudo, nao sao poucos paradigmas a serem rompidos, considerando o historico preconceito em relacao as NTD nos processos educativos e, talvez, ainda mais acentuados, no contexto da formacao no campo da musica.
The number of recurrences for each type of NTD was then compared with the total number of children born to the families to determine the empiric RR for siblings for that type of NTD.
For example, in a report published in 2001, using data from studies correlating the folic acid supplementation and the associated serum folate concentrations, and a large cohort study of the NTD risk based on serum folate, the authors determined that 5 mg of folic acid per day would prevent almost 90% of women from having a baby with an NTD. Nicholas Wald and his colleagues concluded that the currently recommended dose would protect only part of the population from NTDs, and recommended that women planning to become pregnant should take a 5-mg dose of folic acid per day (Lancet 2001;358:2069-73).
We investigated the use of fetal mRNA extracted from amniocytes to detect the presence and quantity of fetal gene transcripts in the hope of identifying gene expression differences related to the pathogenesis of NTD.
The researchers analyzed the genomes of 304 families where at least one individual had an NTD. They focused their analysis on 28 single-nucleotide polymorphisms (SNPs) in 11 genes known to be involved in the folate metabolism pathway, and stratified the genomic results by potential gene-gene interactions and by whether the mothers had taken folate-containing nutritional supplements prior to conception.
An absence of sufficient folic acid in pregnant women is estimated to be related to 50%-70% of all NTD. Scientists have known that having two copies (homozygous) of the T allele of the C677T polymorphism is a risk factor for NTD.
Large population studies completed within the past two years show that women who take multivitamin supplements containing folic acid before getting pregnant and during the first trimester of pregnancy have a greatly reduced risk - by as much as 50% - of having a baby with NTD. Of all the studies done to date, only one has failed to find a strong association between multivitamin usage and reduced risk of NTD.
In the United States, during 1995-1996, approximately 4,000 pregnancies were affected by an NTD. This number declined to 3,000 pregnancies in 1999-2000 after fortification of enriched cereal grain products with folic acid was mandated (1).
He scored 14 points in his first game for BK NTD. We hear they've got a canny basketball team in Barcelona, Dave, if you fancy using those posh trainers for what they were actually designed for!