defect


defect
The want or absence of some legal requisite; deficiency; imperfection; insufficiency. Galloway v. City of Winchester, 299 Ky. 87, 184 S.W.2d 890, 892, 893.
The absence of something necessary for completeness or perfection; a deficiency in something essential to the proper use for the purpose for which a thing is to be used. Some structural weakness in part or component which is responsible for damage. Egan v. Washington General Ins. Corp., Fla.App., 240 So.2d 875, 877.
In a strict liability action, may consist of a manufacturing flaw, a design defect, or an inadequate warning. Butler v. PPG Industries, Inc., 201 N.J.Super. 558, 493 A.2d 619, 621.
@ design defect
A "design defect" occurs when product is manufactured in conformity with intended design but design itself poses unreasonable dangers to consumers. Thibault v. Sears, Roebuck & Co., 118 N.H. 802, 395 A.2d 843, 846.
@ fatal defect
Of such serious nature as to nullify contract.
@
@ patent defect
In sales of personal property, one which is plainly visible or which can be discovered by such an inspection as would be made in the exercise of ordinary care and prudence. U.C.C. No. 2-605(1).
A patent defect in a legal description is one which cannot be corrected on its face, and a new description must be used
+ patent defect
One which is apparent to buyer on normal observation
@ defect in highway
@ defect in street
@ defect in highway or street
defect in highway or street
Ordinarily anything in the condition of state of highway or street that renders it unreasonably safe for travel. Payne v. State Highway Commission, 136 Kan. 561, 16 P.2d 509, 511
@

Black's law dictionary. . 1990.

Synonyms:

Look at other dictionaries:

  • defect — de·fect / dē ˌfekt, di fekt/ n: something or a lack of something that results in incompleteness, inadequacy, or imperfection: as a: a flaw in something (as a product) esp. that creates an unreasonable risk of harm in its normal use see also… …   Law dictionary

  • defect — DEFÉCT, Ă, defecţi, te, s.n., adj. 1. s.n. Lipsă, scădere, imperfecţiune materială, fizică sau morală; cusur, meteahnă, neajuns, beteşug, hibă. ♦ Deranjament, stricăciune care împiedică funcţionarea unei maşini, a unui aparat. ♦ Ceea ce nu este… …   Dicționar Român

  • Defect — Defect, defects, or defected may refer to: Geometry and physical sciences Defect (geometry), a characteristic of a polyhedron Topological defect Isoperimetric defect Crystallographic defect, a structural imperfection in a crystal Biology and… …   Wikipedia

  • Defect — De*fect , n. [L. defectus, fr. deficere, defectum, to desert, fail, be wanting; de + facere to make, do. See {Fact}, {Feat}, and cf. {Deficit}.] 1. Want or absence of something necessary for completeness or perfection; deficiency; opposed to… …   The Collaborative International Dictionary of English

  • defect — Ⅰ. defect [1] ► NOUN ▪ a shortcoming, imperfection, or lack. ORIGIN Latin defectus, from deficere desert or fail . Ⅱ. defect [2] ► VERB ▪ abandon one s country or cause in favour of an opposing one …   English terms dictionary

  • defect — [dē′fekt΄; ] also, and for v. always [, dē fekt′, difekt′] n. [ME < L defectus < deficere, to undo, fail < de , from + facere, to DO1] 1. lack of something necessary for completeness; deficiency; shortcoming 2. an imperfection or… …   English World dictionary

  • Defect — De*fect , v. t. To injure; to damage. None can my life defect. [R.] Troubles of Q. Elizabeth (1639). [1913 Webster] …   The Collaborative International Dictionary of English

  • Defect — Defect, lat., mangelhaft; als Hauptwort D., Mangel, Gebrechen; defectiren, eine Rechnung untersuchen in Beziehung auf Rechnungsfehler; defectiv, was defect. – Defectbogen, im Buchhandel ein nachverlangter Bogen. – Defecte, in der Buchdruckerei… …   Herders Conversations-Lexikon

  • defect — (n.) early 15c., from M.Fr. defect and directly from L. defectus failure, revolt, falling away, from pp. of deficere to fail, desert (see DEFICIENT (Cf. deficient)). As a verb, from 1570s. Related: Defected; defecting …   Etymology dictionary

  • defect — [n] blemish, imperfection birthmark, blot, blotch, break, bug, catch, check, crack, deficiency, deformity, discoloration, drawback, error, failing, fault, flaw, foible, frailty, gap, glitch, gremlin, hole, infirmity, injury, irregularity, kink,… …   New thesaurus

  • Defect — De*fect , v. i. To fail; to become deficient. [Obs.] Defected honor. Warner. [1913 Webster] 2. to abandon one country or faction, and join another. [PJC] …   The Collaborative International Dictionary of English