defective

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

- warranty

@ 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.

See strict liability

@ 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.

See unmarketable title.

@ defective verdict

Verdict lacking legitimacy because of some irregularity or inadequacy and hence one on which a judgment may not be based

@