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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 ?
As MIP images are generated by displaying only the highest density data in a projected plane with low-density data being discarded, MIPs may obscure low-attenuation lesions, such as urothelial filling defects surrounded by dense excreted contrast in the urinary tract (Figure 14).
(11) CT will subsequently confirm the diagnosis by showing distended thrombosed veins with enhancing walls and intraluminal filling defects. (5) MRI is used as a second line of study because it is expensive and not available in all healthcare facilities.
In the present study, there were no direct correlations between cutoff signs or filling defects and the clinical outcomes of PEN.
Caption: Figure 2: MRI/MRCP showing anastomotic biliary stricture, common hepatic ductal dilatation, and subtle curvilinear filling defect within the common hepatic duct.
Fluoroscopic and radiographic images and videos were acquired as described previously and revealed proventricular dilatation with a moderate amount of mobile, rounded filling defects within the proventriculus and ventriculus (Fig 7B).
However, on careful retrospective review a small linear irregular filling defect was identified on the MIP images, which suggested the presence of an intrauterine adhesion.
Besides, intraoperative myelography provides precise localization for residual canal stenosis during surgery, so that surgeon can identify filling defect in myelogram as decompression field and further evaluate severity of external compression.
Caption: FIGURE 1: Coronal reformatted view from CT angiogram shows an intraluminal filling defect within the proximal left internal carotid artery consistent with thrombus (white arrow).
Moreover, there was a triple right renal artery, with an incomplete filling defect due to a thrombosis involving the median artery from the origin up to its most peripheral ramifications (Figure 4).
Contrast-enhanced computed tomography (CT) of the neck, as part of the systematic medical workup, revealed a filling defect in the left internal jugular vein to left subclavian vein region, with the venous lumina filled with dense soft tissue.
Magnetic resonance imaging (MRI, General Electric 3 Tesla) of the brain with and without gadolinium (DTPA) contrast revealed a near occlusive filling defect of the left sigmoid sinus extending into the left jugular vein (Figures 4-6).