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 ?
Atrial septal defect can be congenital, as was in our case and can be iatrogenic, secondary to cardiac interventional procedures like mitral valvuloplasty.
With a small atrial septal defect, the rate of spontaneous closure may be as high as 80 percent in the first 18 months of life, he further informed.
A transthoracic echocardiogram demonstrated a very large secundum-type atrial Septal defect measuring 30 x 48 mm, with a calculated area of 10.
Quality of life 20 and 30 years after surgery in patients operated on for tetralogy of Fallot and for atrial septal defect.
Associated defects were present in 6 patients, rupture sinus of Valsalva in one patient, patent ductus arteriosus in 2, pulmonary stenosis in 2 and atrial septal defect in 1 patient.
Holt-Oram syndrome is characterized by skeletal abnormalities in the upper limbs and is associated with congenital heart defects, mainly atrial and ventricular septal defects.
Is steroid therapy enough to reverse complete atrioventricular block after percutaneous perimembranous ventricular septal defect closure?
10] and atrial septal defect, fetal patent ductus arteriosus, and overall congenital heart malformations provide further evidence that prenatal exposure to air pollution is associated with risks for fetal heart malformations.
Occlutech is a structural heart disease expert with a full product line comprised of atrial septal defect (ASD), patent foramen ovale (PFO), paravalvular leak (PLD), patent ductus arteriosus (PDA), and ventricular septal defect occluders.
Transcatheter closure of secundum atrial septal defect is a well accepted mode of treatment now a day in selected suitable patients.
Improvement in functional capacity has also been reported in a study of 32 asymptomatic adult patients who underwent atrial septal defect closure at a mean age of 43 years and whose mean baseline pulmonary-to-systemic blood flow was around 2.
Common cardiac anomalies associated with ectopia cordis include ventricular septal defect, atrial septal defect, pulmonary stenosis, right ventricular diverticulum, double right ventricular outflow tract and tetralogy of Fallot.