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

noun blemish, blot, damage, deficiency, demerit, deviation, drawback, failing, fault, flaw, foible, frailty, impairment, imperfection, inadequacy, incompleteness, incompletion, infirmity, insufficiency, lack, mistake, mutilation, shortcoming, weakness
Associated concepts: actionable defect, concealed defect, cure of defects, dangerous defect, defect appearing upon face of record, defect in description, defect in form, defect in material or workmanship, defect in title, defect of parties, defect of substance, hidden defects, immaterial defects, innerent defect, jurisdictional defect, knowledge of defect, laaent defect, legal defect, material defect, mental defect, obbious defect, open and obvious defect, patent defect, products liability, structural defects

defect

verb abandon allegiance, abdicate, abscond, apostasize, back out, be disloyal, betray, break away, break fealty, break with, cast off, change sides, default, demit, desert, disavow, disobey, disown, forsake, leave, leave unlawfully, mutiny, prove treacherous, quit, rebel, renege, renounce, repudiate, resign, revolt, run away, secede, tergiversate, transfer, violate one's oath, withdraw one's support
See also: abandon, defacement, deficiency, depart, disadvantage, disease, disqualification, drawback, evacuate, fault, flaw, foible, frailty, handicap, leave, part, quit, stigma, vice

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 ?
In our case, reconstruction was successfully achieved with a split-calvaria osteoplastic rotational flap for repair of the anterior fossa osseous defect.
Clinical evaluation of coralline calcium carbonate as a bone replacement graft material in human periodontal osseous defects.
Treatment of nonunions and osseous defects with bone graft and calcium sulfate.
This review will focus on osseous defects of the humeral head (Hill-Sachs lesion) and address the pathoanatomy, diagnosis, indications, and surgical techniques for the treatment of these lesions.
The product portfolio stimulates accelerated bone growth for the repair of osseous defects throughout the skeletal system.
If there is no intraosseus defect, no barrier is needed but in cases with larger osseous defects, the careful use of a barrier can facilitate proper placement and adaptation of the filling material as well as prevent overcontouring.
The scleractinian coral genus Goniopara, which possesses a microstructure resembling that of cancellous bone, has been converted to hydroxy apatite [Coralline Hydroxy Apatite Goniopora (CHAG)], chiefly for use as an alternative to autogenous grafting in the management of residual subchondral osseous defects following elevation of depressed articular fragments of epiphyseal-metaphyseal long bone fractures.
Recent comparative studies evaluating methods of conventional radiography for detecting periodontal osseous destruction have suggested periapical radiography as a more successful tool in assessing osseous defects as small as 1-4mm than panoramic radiography regardless of its location.
In total, the company's exclusively formulated bone graft substitute has been used for the repair of osseous defects throughout the skeletal system for over a decade in more than a million clinical applications with unparalleled success validating the safety and efficacy of NovaBone's technology.
has been and will continue to be responsible for marketing, sales and distribution of GEM 21S worldwide and post-approval development of additional indications including the repair or reconstruction of cranio-maxillofacial osseous defects.
The company's lead therapeutic product is in a pivotal trial for the treatment of periodontal defects, and is being evaluated for further development for the treatment of cranio-maxillofacial (CMF) osseous defects (bone defects of the jaws, head and face).
P15 is a synthetic amino acid sequence of Type I Collagen which in early human clinical trials accelerates bone regeneration in osseous defects.