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.

See also apparent defects

- defective

- hidden defect

@ 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.

@

- latent defect

@ 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

Compare latent defect

+ 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

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