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Defect

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.

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defect

de·fect1 / ˈdēˌfekt/ • n. a shortcoming, imperfection, or lack. de·fect2 / diˈfekt/ • v. [intr.] abandon one's country or cause in favor of an opposing one: he defected to the Soviet Union after the war. DERIVATIVES: de·fec·tion / diˈfekshən/ n. de·fec·tor / -tər/ n.

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defect

defect shortcoming, deficiency. XV. — L. dēfectus, f. dēfect-, pp. stem of dēficere leave, desert, fail, f. DE- 2 + facere make, DO 1.
So defection failing, falling away. XVI. defective XV. — (O)F. or late L.

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defect

defectabreact, abstract, act, attract, bract, compact, contract, counteract, diffract, enact, exact, extract, fact, humpbacked, hunchbacked, impact, interact, matter-of-fact, pact, protract, redact, refract, retroact, subcontract, subtract, tact, tract, transact, unbacked, underact, untracked •play-act • autodidact •artefact (US artifact) • cataract •contact •marked, unremarked •Wehrmacht •affect, bisect, bull-necked, collect, confect, connect, correct, defect, deflect, deject, detect, direct, effect, eject, elect, erect, expect, infect, inflect, inject, inspect, interconnect, interject, intersect, misdirect, neglect, object, perfect, project, prospect, protect, reflect, reject, respect, resurrect, sect, select, subject, suspect, transect, unchecked, Utrecht •prefect • abject • retroject • intellect •genuflect • idiolect • dialect • aspect •circumspect • retrospect • Dordrecht •vivisect • architect • unbaked •sun-baked

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