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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.


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.


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 ?
Consequences of dental trauma include, speech defects, pulp necrosis, apical radiolucencies, partial or total pulp calcification, root resorption and marginal periodontal bone loss and the possibility that trauma from occlusion might contribute to the pathogenesis of periodontal disease.
Just as Thelwall's physiological understanding of speech and speech defects emphasized the importance of sympathetic cooperation between different parts of the body, so his oratorical technique encouraged listeners to "recognize different parts or movements of their own characters (indignation and steadiness, invective and reason) and to balance them," thus becoming fitter democratic subjects than their ruling-class oppressors.
It warned that psychological problems in childhood have a more severe long-term impact than physical conditions such as speech defects because they persist through life, reports the Daily Mail.
Many of the community's children display signs of psychological trauma such as speech defects, insomnia and bed-wetting.
THE great dummy debate which has perplexed parents for years has been reignited after more evidence was presented linking prolonged use to childhood speech defects.
THE great dummy debate, which has perplexed parents for years, has been reopened after more evidence was presented linking prolonged use to childhood speech defects.
The only satisfactory method of obtaining an intelligent insight into the speech defects and derangements which characterise the different forms and different cases of aphasia, is to begin at the beginning and to study the development of speech and the processes by which it is acquired, built up and perfected in the child.
In Kaminey, Kapur plays the roles of Charlie and Guddu, a set of identical twins with speech defects. Like every other actor who has a film release around the corner, Kapur overzealously hails his forthcoming film as an outstandingly "original" flick.
It's a strange phenomenon - in a game in which punters' allegiances are blown hither and thither (as people used to say in the days before speech defects were treatable on the NHS) every half an hour on winds generated by the flow of hard cash - but a win for the little man is valued far more highly than a win for the big man.
You face the additional challenge of interacting with campers who may have behavioral deficits, orthopedic appliances, physical care needs, speech defects, learning disabilities, and other problems which affect their ability to adjust to camp.
Symbol of overcoming speech defects. Language Congress (Mexico).