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 ?
In every visit, status of the defect, Complete healing of the wound and presenting complaints and complications were addressed.
An overall target defect rate provides lenders with a critical baseline against which they can measure their loan quality.
This is the third month-over-month decline in a row of defect and misrepresentation risk, returning the Defect Index to the level of April 2015 and reversing the upward trend in the first half of the year.
Figure 1 presents the results of the occurrences of defects in the police reports based on the six types of defect which are incomplete incorrect inconsistent ambiguous incomprehensible and unnecessary.
The user scans the product barcode and enters a specific code number to identify the defect found, the area in the product routing where the defect was found, the location of the defect per the boards' component reference location, and a brief comment, if needed.
For this reason, new guidelines regarding the effect of glenoid defect size requiring supplemental bone grafting with rTSA would be beneficial.
Concerned about potato defect and how it may affect the speciality coffee in this region.
"Among 410 (55%) infants or fetuses with information on the earliest age a birth defect was recorded, 371 (90%) had evidence of a birth defect meeting the Zika definition before age 3 months," the authors explained.
([dagger]) Neural tube defects and other early brain malformations are included as biologically plausible birth defects; however, they have been reported much less frequently with Zika virus infection than defects in the other categories.
Like the ICD-10-CM coding system, the 6-digit CDC-modified BPA system allows a more robust system that provides greater specificity of birth defects, laterality of the defect, whether a defect is possible or probable or diagnosed only prenatally, and related conditions.
Marking defects on a continuous web can be accomplished in a variety of ways depending on the application.