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

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 periodicals archive ?
Although NKX2-5 gene was not studied in patients with atrial isomerism to date, several mutations in this gene have been detected in many other heart diseases like TOF (25), non-syndromic congenital heart diseases (26, 51, 52), atrial septal defects (27,48) and recently patent foramen ovale (53).
The differing morphologies of these varieties of atrial septal defect almost certainly accounts for the failure of the device to engage the margins of the defect, with resulting embolization further downstream.
In this article the authors report on a rare clinical entity: a giant pulmonary artery aneurysm (PAA) due to an even more rare condition--a late diagnosed atrial septal defect (ASD) resulted in Eisenmenger's syndrome.
The reason we have decided to run for this charity is that when I was 21 months old, I had open heart surgery at the hospital for an atrial septal defect with partial pulmonary venous drainage.
The authors, who are medical specialists from Europe and the US, discuss defects of the lymphatic system, neural tube defects, Ostium Secundum Atrial Septal Defect, and duplication of the alimentary tract.
The associated abnormalities, which include atrial septal defect, anomalous branching of the pulmonary artery, systemic arterial supply of lung segments (pulmonary sequestration) and bony spine and/ or chest wall anomalies, were not found in our patient; she proceeded with kidney donation.
This marks the first transcatheter occlusion device granted regulatory approval in Japan for treatment of atrial septal defect (ASD), a common and potentially fatal congenital heart defect.
Tokyo, Japan, Aug 19, 2005 - (JCNN) - Japan Lifeline has reported the first 18 cases of atrial septal defect (ASD) treatment using the AMPLATZER Septal Occulader, a medical device currently marketed by the company, at three hospitals in Japan.
The patient's past medical history was notable only for repair of an atrial septal defect and supravalvar pulmonary stenosis at 11 months of age.
A case of elevated carbohydrate antigen 125 in isolated right heart failure due to atrial septal defect with preserved left ventricular function is reported.
Baby Girl-Y is currently recovering from surgery to correct an atrial septal defect.

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