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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 law on defection is clear and leaves no room for ambiguity.
"Aaya Ram, Gaya Ram (the culture of defections) has now attained a new definition in India.
Political analyst Ashutosh Singh calls defections the flavour of the current season.
THE gale of defection rocking the National Assembly again hit the ruling All Progressives Congress, APC, on Tuesday as four of its members in the House of Representatives defected to other opposition parties.
Both episodes are raising suspicions that the group defection was not voluntary.
The defectors cited crisis and factions as the reasons for their defection, saying they cannot continue to pursue their political careers under the ruling party.
'It is the culture and tradition before each election for parties to declare defections. Sometimes, it is real, but that is not important.
PPP leaders said that party chief Bilawal Bhutto Zardari had asked the Punjab chapter of the party to check defections.
bsac-850950-149675359-place This is the latest in a spree of defections undergone by the PML-N as nationwide sitting lawmakers join other parties.
PML-N chief Shehbaz Sharif is not satisfied with the role of federal government officials, Prime Minister Shahid Khaqan Abbasi and his aides in particular, in preventing defections in the party and he is personally holding meetings with N-League MNAs from different parts of the country, seeking their support for the passage of the Finance Bill 2018, discussions with reliable party sources suggest.
After the apparent failure of top federal government functionaries to stop the ongoing defections in the Pakistan Muslim League -- Nawaz (PML-N), the ruling party leadership is now "personally" reaching out to party lawmakers to prevent further departures and to garner support for the passage of new federal budget.
They are hoping to further discourage defections by heavily promoting propaganda using individuals who have returned to North Korea after having defected to the South," said Ahn Myung Chul, head of non-profit North Korea Watch to DailyNK.