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 ?
Utilizing the tension-stress efect on bone, bone transport will fill osseous defects by forming endochondral-like ossifcation at the site of a distracted bone segment while slowly moving the transport segment through a defect.
Clinical evaluation of Bio-Oss: a bovine-derived xenograft for the treatment of periodontal osseous defects in humans.
The osseous defects and Bankart lesion were evaluated preoperatively using plain radiographs, CT scan and MR imaging.
Selection of the surgical technique, typically gingivectomy/gingivoplasty, or a periodontal flap procedure, is based upon the extent of gingival enlargement, the presence of osseous defects and the relationship between the base of the pseudo-pocket and mucogingival junction.
On imaging, multiple localized osseous defects, soft tissue and bony disruption, periostitis, and sclerosis are seen in long-standing cases.
It is often mixed with autograft, and it is approved for use in fractures that also have been treated with internal or external fixation, as well as for osseous defects that do not bear significant load.
(1-4) These subchondral osseous defects are generally unappreciated on standard radiographs, but appear as hyperintense water-consistent areas on fat-suppressed MRI sequences.
Thus, EPCs administered to nonhealing bone defects evidently enhanced bone healing when compared to control treatment, and therefore, EPCs could be a clinically translatable therapy aimed at the reconstruction of osseous defects in a delayed fashion.
These defects may be surgically-created osseous defects or osseous defects created from traumatic injury to the bone.
These gaps may be surgically created osseous defects or a result of prior traumatic injury.
A method of treating isolated one and two wall infrabony osseous defects - rationale and case report.
Clinical evaluation of coralline calcium carbonate as a bone replacement graft material in human periodontal osseous defects. J.