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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.


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.


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 ?
The rate of total birth defects across the three regions was 2.86 per 1,000 live births, with 747 infants and fetuses identified as having one or more defects.
Since then, a number of Zofran studies have examined the alleged pregnancy risks tied to the morning sickness drug, and allegedly between November 2011 and January 2012, two separate studies found that the use of Zofran during pregnancy to combat nausea and vomiting from morning sickness was associated with a 2.4-fold increased risk of cleft lip and cleft palate birth defects in babies.
Retrospective description and trend analysis were applied based on the monitoring data of birth defects in Xi'an City from 2003 to 2012.
Brain birth defects included brain anomalies other than spina bifida, such as brain cysts and under-development of the brain.
This paper reviews the challenges of birth defects surveillance in USA and explores the implications of the implementation of the International Classification of Diseases, Tenth Revision, Clinical Modification (ICD-10-CM) in the year 2015 and its potential impact on birth defects surveillance.
People with birth defects have been part of the human condition since humankind first walked the earth.
Previous studies have identified an increased risk of birth defects associated with infertility treatment, but this is the first study to compare all forms of available treatment.
Han Kang (referred to in the previous article of this series) and the VA's Environmental Epidemiology Service of the Veterans Health Administration published a study that estimating the risk of birth defects as significant." As a result of these findings, the VA now funds assistance programs for spina bifida in the children of male or female Vietnam veterans and for all birth defects without other known causes in the children of female veterans.
The review looked at data from the National Birth Defects Prevention Study, which had reports on 9,778 cases of live births with birth defects and 4,086 control live births, said Dr.
9-12, finds Americans estimating, on average, that 17% of babies born today are born with a birth defect. The median percentage estimated is lower, at 10% -- meaning that half of Americans estimate a percentage below 10% and half believe it is greater than 10%.
Depakote "has been linked to birth defects and lower IQs among children exposed to it in the womb," with the most common birth defect being spina bifida.
THOUSANDS OF BIRTH defects could be prevented around the world annually by adding folic acid to wheat flour, according to researchers.