latent defect


latent defect
A hidden or concealed defect. One which could not be discovered by reasonable and customary observation or inspection; one not apparent on face of goods, product, document, etc. Defect of which owner has no knowledge, or which, in exercise of reasonable care, he should have had no knowledge. Bichl v. Poinier, 71 Wash.2d 492, 429 P.2d 228, 231.
One which cannot be discovered by observation or inspection made with ordinary care. U.S. v. Lembke Const. Co., Inc., C.A.Ariz., 786 F.2d 1386, 1387.
A latent defect in the title of a vendor of land is one not discoverable by inspection made with ordinary care, even though a matter of public record
+ latent defect
One which is not apparent to buyer by reasonable observation.

Black's law dictionary. . 1990.

Look at other dictionaries:

  • latent defect — n: a defect (as in a product or property) that is not discoverable by reasonable or customary inspection a latent defect excluded from the homeowner s insurance Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • latent defect — ➔ defect1 * * * latent defect UK US noun [C] ► PRODUCTION a defect or problem with a product, property, etc. that is hard to notice and may not be noticed before it is bought: »When buying real estate, a cracked foundation is a serious latent… …   Financial and business terms

  • Latent defect — In the law of the sale of property (both real estate and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale. The general law of the… …   Wikipedia

  • latent defect — A hidden or concealed defect. One which could not be discovered by reasonable and customary observation or inspection; one not apparent on face of goods, product, document, etc. Defect of which owner has no knowledge, or which, in exercise of… …   Black's law dictionary

  • latent defect —    A hidden flaw or imperfection in an article that is known to a seller but is not discoverable by a buyer during a reasonable inspection. This could include a defective title in a land or property deal. In general, a latent defect entitles the… …   Business law dictionary

  • latent defect — A defect not observable on casual inspection. A hidden defect in a structure, machine, or article of merchandise. A defect in an article constituting the subject matter of a sale, not discoverable on a reasonable examination of the property. 46… …   Ballentine's law dictionary

  • latent defect — hidden defect, invisible flaw …   English contemporary dictionary

  • latent defect — /leɪtnt ˈdifɛkt/ (say laytnt deefekt) noun a hidden defect which could not have been discovered by reasonable examination …   Australian English dictionary

  • latent defect — noun : an unknown defect (as in a title to real property) not discoverable by such inspection or test as the law reasonably requires under all the circumstances …   Useful english dictionary

  • inherent or latent defect — Fault or deficiency in a thing, no matter the use made of such, which is not easily discoverable and which is fixed in the object itself and not from without. See also latent defect strict liability …   Black's law dictionary