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 ?
Transcatheter closure of atrial septal defects is balloon sizing still necessary?
Lutembacher Syndrome (LS) is a rare cardiac clinical entity comprising of an unusual combination of atrial septal defect (ASD) and acquired Mitral valve stenosis (usually of the rheumatic nature).1 LS is an infrequent disorder with a prevalence of 0.001 million per population, mostly occurring in females.2,3 The clinical presentation and prognosis of the disease varies depending on a multitude of factors; the most important one being the size of the defect while other factors include severity of stenosis and compliance of the right ventricle.
Mohammad Kashif Shaikh informed about the diagnosis of an Atrial Septal Defect (ASD) in a newborn or an older child should prompt consultation with a pediatric cardiologist.
Surgical patch closure of atrial septal defects. Ann Thorne Surg.
Pang et al., "Percutaneous closure of atrial septal defects under transthoracic echocardiography guidance without fluoroscopy or intubation in children," Journal of Interventional Cardiology, vol.
Quality of life 20 and 30 years after surgery in patients operated on for tetralogy of Fallot and for atrial septal defect. Pediatr Cardiol 2001; 22:128-32.
To study the short-term remodelling changes after surgical closure of atrial septal defect by clinical, electrocardiographic, radiologic and echocardiographic methods.
As shown in Table 2, [PM.sub.10] exposure levels were associated with the risks of atrial septal defect (aOR = 2.07;95% CI: 1.19,3.22) and patent ductus arteriosus (aOR= 1.59; 95% CI: 1.03,3.00) in the second gestation month.
Kramer et al., "Incidence of atrial flutter/fibrillation in adults with atrial septal defect before and after surgery" Annals of Thoracic Surgery, vol.
Cardiac magnetic resonance was not definitive for the presence of an atrial septal defect. Coronary computed tomography angiography was recommended and exhibited mild nonobstructive coronary atherosclerosis and nonspecific pulmonary vascular congestion with no evidence of atrial septal defect or an unroofed coronary sinus.
Atrial septal defects of the sinus venosus type: surgical correction.