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 ?
The ministry added that this was the first ever large-scale leak of such kind involving North Korean defectors. Authorities are still working to determine who was behind the security breach.
Analysts say there are some concerns that the leak could endanger the families of the defectors that still remain in North Korea.
Such anxiety over forcible repatriation of North Korean defectors has surfaced in recent weeks after a local current affairs TV program reported a dozen North Korean waitresses, who fled to the South two years ago, had been duped into leaving by South Korea's spy agency, National Intelligence Service (NIS).
But the fanfare died down as the trickle of defectors turned into a torrent in the 1990s, when a famine in the North left hundreds of thousands dead.
Specifically, it is a defector's attachment to the Korean nation as one that includes both North and South Koreans--the feeling of truly being one with all Koreans--that is the causal lever.
There is also a great risk in China for defectors like her as brokers are 'liars' and would even sell Korean women to Chinese men, she added.
This article analyzes the conditions in which counterinsurgencies have most effectively used guerrilla defectors in their fighting forces.
As Kim depicts the life of Korean War migrants in Meditation on a Snipe, Hui-jin Kang portrays the miserable life of North Korean defectors living in South Korea in his 2001 (The Ghost).
Defector in Our Midst's strength lies in its ability to create a dual progression of events both political and personal, and to intersect the two at many points on a timeline of intrigue.
At an auditorium at Seoul's prestigious Yonsei University, defectors spoke mostly in measured tones, but at times with tears and anger.
According to the defector's account, two senior Syrian officers moved about 100 kilograms of chemical weapons materials from a secret military base in January 2012.
But in South Korea critics have focused on Beijing's treatment of defectors who try to escape their lives of hardship in the North.