Lacking in some particular which is essential to the completeness, legal sufficiency, or security of the object spoken of; as a "defective" service of process or return of service. A product is "defective" if it is not fit for the ordinary purposes for which such articles are sold and used, Manieri v. Volkswagenwerk, A.G., 151 N.J.Super. 422, 376 A.2d 1317, 1322; or if it is dangerous because it fails to perform in manner to be expected in light of its nature and intended function, Knapp v. Hertz Corp., 17 Ill.Dec. 65, 59 Ill.App.3d 241, 375 N.E.2d 1349, 1353.
See also defect
@ defective condition
A product is in a defective condition unreasonably dangerous to the user when it has a propensity for causing physical harm beyond that which would be contemplated by the ordinary user or consumer who purchases it, with the ordinary knowledge common to the foreseeable class of users as to its characteristics. A product is not defective or unreasonably dangerous merely because it is possible to be injured while using it. Moomey v. Massey-Ferguson, Inc., C.A.N.M., 429 F.2d 1184.
@ defective execution
Failure to comply with requirements in executing document with the result that document is legally inadequate or defective
@ defective pleadings
Complaint, answer, cross-claim, counterclaim, etc. which fail to meet minimum standards of sufficiency or accuracy in form or substance. Such defects may usually be cured by amendment. Fed. RCivil P. 15
@ defective product
See defect
- defective
@ defective record
May refer to record on appeal which does not conform to requisites of appellate rules. May also refer to state of title to real estate based on defects on the record in registry of deeds
@ defective title
With respect to negotiable paper within U.C.C. Article 3 (No. 3-201) the title of a person who obtains instrument or any signature thereto by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith or under such circumstances as amount to fraud.
See also title (defective title); unmarketable title
+ defective title
Title which has some defect or is subject to litigation and hence may not be transferred to another.
@ defective verdict
Verdict lacking legitimacy because of some irregularity or inadequacy and hence one on which a judgment may not be based

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • defective — I adjective amiss, awry, below par, below standards, beneath standards, blemished, broken, bruised, crippled, damaged, deficient, deformed, distorted, falling short, faultful, faulty, flawed, impaired, imperfect, imperfectus, inadequate,… …   Law dictionary

  • Defective — De*fect ive, a. [L. defectivus: cf. F. d[ e]fectif. See {Defect}.] 1. Wanting in something; incomplete; lacking a part; deficient; imperfect; faulty; applied either to natural or moral qualities; as, a defective limb; defective timber; a… …   The Collaborative International Dictionary of English

  • defective — de‧fec‧tive [dɪˈfektɪv] adjective if a product is defective, it has not been made properly or it is not working properly: • It is the customer s right to return defective goods. defectively adverb : • The computer system was defectively designed …   Financial and business terms

  • Defective — may refer to:: Defective matrix, in algebra Defective verb, in linguistics Defective, or haser, in Hebrew orthography, a spelling variant that does not include mater lectionis Something presenting an anomaly making it unfunctional This… …   Wikipedia

  • defective — defective, deficient Defective means ‘having a defect (= fault)’, whereas deficient means ‘having a deficiency (or lack)’. So eyesight, components, goods, logic, mechanisms, products, workmanship, etc., can all be defective if they are not… …   Modern English usage

  • defective — [dē fek′tiv, difek′tiv] adj. [ME & OFr defectif < LL defectivus] 1. having a defect or defects; imperfect; faulty 2. Gram. lacking some of the usual forms of inflection [“ought” is a defective verb] 3. having a physical or mental defect;… …   English World dictionary

  • Defective — De*fect ive, n. 1. Anything that is defective or lacking in some respect. [Webster 1913 Suppl.] 2. (Med.) One who is lacking physically or mentally. Note: Under the term defectives are included deaf mutes, the blind, the feeble minded, the insane …   The Collaborative International Dictionary of English

  • Defective — Defective. См. Дефектный. (Источник: «Металлы и сплавы. Справочник.» Под редакцией Ю.П. Солнцева; НПО Профессионал , НПО Мир и семья ; Санкт Петербург, 2003 г.) …   Словарь металлургических терминов

  • defective — mid 14c., from M.Fr. défectif (14c.) and directly from L.L. defectivus, from defect , pp. stem of deficere (see DEFICIENT (Cf. deficient)). A euphemism for mentally ill from 1898 to c.1935. Related: Defectively; defectiveness …   Etymology dictionary

  • defective — *deficient Analogous words: impaired, damaged, injured, marred (see INJURE): vitiated, corrupted, debased (see under DEBASE): deranged, disordered (see DISORDER) Antonyms: intact Contrasted words: *perfect, entire, whole: complete, *full, plenary …   New Dictionary of Synonyms

  • defective — (informal) A damaged pouch, sack, lock, or key …   Glossary of postal terms

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