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 classic literature ?
This foreshadowing of a slow social evolution was made when Ernest was first depressed by the defection of the great unions.
As clearly as in the light of past events, he saw the defection of the favored unions, the rise and the slow decay of the labor castes, and the struggle between the decaying oligarchs and labor castes for control of the great governmental machine.
The recent defection of the tribe had, as they well knew themselves, subjected the Delawares to much reproach among their French allies; and they were now made to feel that their future actions were to be regarded with jealousy and distrust.
He had come alone for two very excellent reasons, the first of which was that thus none might note his terror-stricken state nor his defection should he fail at the last moment, and the other was that should he accomplish the thing alone or be able to make his chiefs believe that he had, the credit would be far greater than were he to be accompanied by warriors.
His men recognized his voice immediately and as they knew nothing of the defection of any of their fellows, turned the boat's prow toward shore without waiting for the command from von Horn.
Happily, their father, completely absorbed in a practical, scientific, and approving contemplation of the topography and material resources of the scene of his future labors, had no time to notice their defection. It was not until the stage drew up before a rambling tenement bearing the inscription, "Hotel and Stage Office," that he became fully aware of it.
Of course he saw no more than I did, but to annoy me, or perhaps to punish me for my long defection, he must turn his back on me and devote himself to this chit from Southampton to the Mediterranean.
It was at this point, gentlemen, that enraged by the defection of seven of his former associates, and stung by the mocking voice that had last hailed him, and maddened by his long entombment in a place as black as the bowels of despair; it was then that Steelkilt proposed to the two Canallers, thus far apparently of one mind with him, to burst out of their hole at the next summoning of the garrison; and armed with their keen mincing knives (long, crescentic, heavy implements with a handle at each end) run a muck from the bowsprit to the taffrail; and if by any devilishness of desperation possible, seize the ship.
Here, at least, was a citadel impregnable by right-hand defections or left-hand extremes.
Gidanjaja had on August 8 announced his defection to PDP and was received into the party at Government House in Gusau.
Summary: New Delhi [India], Aug 2 (ANI): Delhi Assembly Speaker Ram Niwas Goel on Friday disqualified rebel Aam Aadmi Party (AAP) MLA Kapil Mishra, who had campaigned for Prime Minister Narendra Modi during the Lok Sabha elections, under the anti-defection law on grounds of defection.
Opposition members of the Assembly, therefore, despite legal provisions against defection, are vulnerable to the carrot-and-stick tactics of a government which is willing to use institutions like police, intelligence and local administration that it has at its disposal.