latent defect

latent defect
latent defect n: a defect (as in a product or property) that is not discoverable by reasonable or customary inspection
a latent defect excluded from the homeowner's insurance

Merriam-Webster’s Dictionary of Law. . 1996.

latent defect
A defect in an object that is not apparent on reasonable inspection or through the use of ordinary care.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

latent defect
A hidden flaw, weakness, or imperfection that cannot be discovered by reasonable inspection. It may refer to real property (a hidden defect in the title to land) or personal property (a defect in the steering mechanism of a car). Discovery of a latent defect generally entitles the purchaser to a refund or a nondefective replacement. Compare: patent defect
Category: Accidents & Injuries
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits
Category: Working With a Lawyer

Nolo’s Plain-English Law Dictionary. . 2009.

latent defect
Also known as inherent defect. A defect in a property that is due to a defect in design, materials, workmanship, or supervision of contractors or site preparation works which existed but was not apparent on completion of the building works.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

latent defect
n. A hidden flaw that cannot be readily ascertained from mere observation.

Webster's New World Law Dictionary. . 2000.

latent defect
   a hidden flaw, weakness or imperfection in an article which a seller knows about, but the buyer cannot discover by reasonable inspection. It includes a hidden defect in the title to land, such as an incorrect property description. Generally, this entitles the purchaser to get his/her money back (rescind the deal) or get a replacement without a defect on the basis of "implied" warranty of quality that a buyer could expect ("merchantability"). Even an "as is" purchase could be rescinded if it could be shown the seller knew of the flaw.

Law dictionary. . 2013.

Look at other dictionaries:

  • latent defect — ➔ defect1 * * * latent defect UK US noun [C] ► PRODUCTION a defect or problem with a product, property, etc. that is hard to notice and may not be noticed before it is bought: »When buying real estate, a cracked foundation is a serious latent… …   Financial and business terms

  • Latent defect — In the law of the sale of property (both real estate and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale. The general law of the… …   Wikipedia

  • latent defect — A hidden or concealed defect. One which could not be discovered by reasonable and customary observation or inspection; one not apparent on face of goods, product, document, etc. Defect of which owner has no knowledge, or which, in exercise of… …   Black's law dictionary

  • latent defect —    A hidden flaw or imperfection in an article that is known to a seller but is not discoverable by a buyer during a reasonable inspection. This could include a defective title in a land or property deal. In general, a latent defect entitles the… …   Business law dictionary

  • latent defect — A defect not observable on casual inspection. A hidden defect in a structure, machine, or article of merchandise. A defect in an article constituting the subject matter of a sale, not discoverable on a reasonable examination of the property. 46… …   Ballentine's law dictionary

  • latent defect — hidden defect, invisible flaw …   English contemporary dictionary

  • latent defect — /leɪtnt ˈdifɛkt/ (say laytnt deefekt) noun a hidden defect which could not have been discovered by reasonable examination …   Australian English dictionary

  • latent defect — noun : an unknown defect (as in a title to real property) not discoverable by such inspection or test as the law reasonably requires under all the circumstances …   Useful english dictionary

  • inherent or latent defect — Fault or deficiency in a thing, no matter the use made of such, which is not easily discoverable and which is fixed in the object itself and not from without. See also latent defect strict liability …   Black's law dictionary

  • 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

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