latent damage

damage that is not immediately obvious. It causes problems in relation to time bar. Time bar seeks to cut off stale claims. However, with latent damage the plaintiff does not know to claim. Accordingly legal systems often take account of this in their detailed rules. It maybe that time will run from the date when the action accrued or alternatively some often shorter date from the time when the plaintiff knew or ought to have known about the damage (perhaps the day when smoke stopped coming out of the chimney or parts of the chimney began to fall into the garden), whichever is the later. Even then there maybe a long stop to prevent very stale claims coming to court.

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References in periodicals archive ?

Reform the so-called discoverability test in the Prescription and Limitation (Scotland) Act 1973 relating to the state of knowledge of a creditor in cases of latent damage, such as when a defect emerges in a building long after it was built

United Kingdom : Prescription Bill introduced

TEHRAN (FNA)- Cluster bombs are banned by 83 nations, they are considered as the most vicious weapons in a war because of the deadly latent damage they cause to civilians and children before fighters.

US Shipping Thousands of Cluster Bombs to Saudis, Despite Global Ban

The following year, I did just that I took my theoretical analysis and applied my findings in developing, with Phillip Capper, the world's first commercially available expert system in law--The Latent Damage System.

Legal informatics - a personal appraisal of context and progress

The audit company Ernst and Young has created three legal expert systems: VATIA, Latent Damage Adviser and THUMPER.

Models of indicator systems of construction contraction agreements

In these situations, customers become the victim of what is called latent damage. This describes a device that is partially degraded during manufacturing and handling yet meets product test specifications and is ultimately shipped to a customer.

What does ESD really cost? Would you believe 4 to 8% of revenues are wasted each year?

Some states employ a "manifestation rule," meaning the court identifies the date on which any previously latent damage was manifested to trigger coverage.

When bad houses make good cases: a homebuilder's shoddy work can render a house uninhabitable. Litigation can help homeowners transform a money pit into home sweet home

"The adjuster knows the window of opportunity for loss mitigation is shorter by the hour," as corrosion, contamination, latent damage and weather can increase the loss, not to mention the business interruption costs.

Partnering Key to Managing Major Commercial Building Losses

In ESD terms, latent damage occurs when a device is partially degraded during manufacturing and handling, yet it meets product test specifications and is ultimately shipped to a customer.

What does ESD really cost?: A Q&A session regarding the impacts of ESD damage

caused significant latent damage to the existing airfield lighting cable network.

Replacement of Damaged Airfield Lighting Cables

On the other hand, latent damages occur in the storage with the reduction in the physiological quality of the product, represented by microscopic cracks, abrasions and internal damages in the embryo (Costa et al., 1979).

Water sorption kinetics of damaged beans: GAB model/Cinetica de sorcao de agua de graos de feijao danificado: Modelo de GAB

On the other hand, we can encounter very elaborate counterfeit integrated circuit parametrically almost identical with original component, but for instance, with reduced reliability, narrower application temperature range, latent damages, or with other dissimilarities hardly detectable in production assembly process.

How can V-I characteristics help in counterfeit component detection

In addition, many real estate professional bodies in Canada have alerted their members to grower tenants, the latent damages grow houses can cause, and provided guidelines to deal with this risk when selling or re-leasing.