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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 ?
Comparison of type of Congenital Defect (n= 182): In the present study we have classified all the anomalous cases according to the system and found that cardiovascular anomalies were the most common type.
Officials at Al Qasimi Hospital said at the time that the congenital defect would be corrected by surgery when the child's condition was more stable.
The percentage of dystocia caused by congenital defects was calculated and the treatment suggested for each dystocia were recorded and also grouped according to the classification of congenital defects.
We identified 26 case-patients; 1 case-patient was later found to have a congenital defect with genetic etiology and thus was no longer eligible and was excluded from the analysis, along with the related 5 controls.
[1] Many congenital defects have a genetic component in its causation, hence consanguinity may prove as a risk factor, particularly since prevalence of consanguinity has reached over 50% in some areas of the world and in some populations.
Morgagni hernia: an interesting congenital defect of the diaphragm.
Atresia Ani: A Congenital Defect & Its Successful Management in Non- Descript Calf.
The renowned Egyptian actress 's daughter has a hole in her heart, a congenital defect in the heart septum, resulting in inadequate circulation of oxygenated blood.
She is about 11 years old, and has a congenital defect called osteochondrodysplasia.
Emma said: "From birth, his feet were freezing and often blue and it turned out he had a congenital defect which made his aorta dangerously narrow.
Case Report of a Congenital Defect (Dicephalus) in a Lamb.
Understanding of the needs and particularities of individuals with OC by health professionals is very important, especially considering the high prevalence of this congenital defect. Nevertheless, health professionals' knowledge of OC is relatively low.

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