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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.
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 ?
Indications for tricuspid valve detachment in closure of ventricular septal defect in children.
A rare clinical entity, Lutembacher's syndrome is a combination of mitral stenosis and atrial septal defect. Both of these cardiac defects can be either congenital or acquired.
Two patients who were observed having aortic plaques were given enhanced treatment with anti-platelet aggregation and statins, six patients with atrial septal defect were transferred to the department of cardiology to undergo occlusion surgery, and the other eight patients were advised to undergo anticoagulation treatment.
He further informed about the symptoms of atrial septal defect may not appear until adulthood despite the presence of the defect since birth and when symptoms do occur, they include difficulty in breathing, frequent respiratory infections and shortness of breath.
A significant filling defect is demonstrated by the contrast across the atrial septal defect (blue arrows) indicating flow (B).
Hu et al., "Safety and efficacy of percutaneous transcatheter closure of atrial septal defect under transesophageal echocardiography guidance in children," Zhonghua Xin Xue Guan Bing Za Zhi, vol.
(a) Twin A 2D imaging showing a ventricular septal defect, primum atrial septal defect, and secundum atrial septal defect.
An underestimated cause of branch pulmonary artery stenosis in patients with pulmonary atresia or stenosis and a ventricular septal defect. J Thorac Cardiovasc Surg 1990; 100:416-24.
Echocardiography (figure 2) showed a 3 mm ostium secundum atrial septal defect and a fenestrated atrial septal aneurysm with its excursion towards the left atrium (12 mm) with a right to left shunt.
In addition, Zahid had a large defect in the wall separating the right and left atria called atrial septal defect with abnormal pulmonary venous drainage.
Cardiovascular malformations were diagnostically categorized in the following nine subtypes: ventricular septal defect, atrial septal defect, patent ductus arteriosus, coarctation of aorta, pulmonary valve stenosis, tetralogy of Fallot, hypoplastic left heart syndrome, transposition of conducting arteries, and other uncommon subtypes such as ectopia cordis, ventricular double outlets, tricuspid atresia, inborn aortic arch anomalies, and others.