Defective - Law Dictionary Search Results
Home Dictionary Name: defectiveredhibitory defect
redhibitory defect in the civil law of Louisiana : a defect that renders a thing useless or so diminishes its usefulness or value that it must be presumed that the buyer would not have bought it or would have paid a lesser price if aware of the defect [a seller is deemed to know that the thing he sells has a redhibitory defect when he is a manufacturer of that thing "Louisiana Civil Code"] called also redhibitory vice NOTE: A seller that knows of a redhibitory defect but omits to declare it, or that declares the thing to have a quality he or she knows it does not, is liable for return of the purchase price with interest and for damages, other expenses, and reasonable attorney's fees. The seller may, however, be allowed credit for value resulting from the use or fruits of the thing. ...
Defective
Wanting in something incomplete lacking a part deficient imperfect faulty applied either to natural or moral qualities as a defective limb defective timber a defective copy or account a defective character defective rules...
Latent defect
Latent defect. A defect which could not previously to an accident have been avoided by care or discovered by reasonable examination. A carrier of passengers is not liable for injury to them arising from a latent defect in his coach, Redhead v. Midland Ry. Co., (1869) LR 4 QB 379. Upon sale of goods, the seller will be answerable for a latent defect if the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the seller's skill or judgment (Sale of Goods Act, 1893 (56 & 57 Vict. c. 71), s. 14. See Frost v. Aylesbury Dairy Co., (1905) 1 KB 608....
Defect of jurisdiction
Defect of jurisdiction, where the expression as a whole reads 'from defect of jurisdiction or other cause of a like nature, is unable to entertain it', the expression 'cause of a like nature' will have to be read ejusdem generis with the expression 'defect of jurisdiction', Zafar Khan v. Board of Revenue, 1984 (Supp) SCC 505: AIR 1985 SC 39: (1985) 1 SCR 287. (Limitation Act, 1963, s. 14)...
Defection
Defection, entails disqualification of a member of an Indian Legislature, Constitution of India, Art. 102, 10th Sch.Disqualification, does not apply in case of a merger of his party with another political party but not in case of a split in the original party, Constitution of India, 10th Sch., paras 4 & 5.Speaker, Deputy Speaker of Lok Sabha, Chairman, Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of a State Legislative Assembly and Chairman and Deputy Chairman of Legislative councils of State are exempted from disqualification as long as he holds that office and does not join any other party, Law of Elections, P.D.T. Achary, 2004, p. 190.Decision on questions, as to disqualification on ground of defection shall be of the Speaker of the Chairman, as the case may be, of the House to which the member belongs, the question of disqualification of the Speaker or the Chairman shall be decided by a member to be elected by that House, no Court has any jurisdiction in the matter of...
Defective in substance
Defective in substance, 'defective in substance' must mean that the defect was of such a character as to substantially affect the regularity and correct-ness of the previous proceedings, Anil Behari Glash v. Latika Bala Dassi, AIR 1955 SC 566: (1955) 2 SCR 270. (Succession Act, 1925, s. 263, Expln.)...
Duty to report defective plant
Duty to report defective plant, where a self-employed person or an employee discovers any defect in any plant which he is required to use in the course of dock operations which he cannot rectify, he must, without unreasonable delay, report that defect to the person in control of that plant, or in the case of an employee, to his employer or the person in control of the plant, Halsbury's Laws of England (20), para 795, p. 646...
inherent defect
inherent defect : latent defect ...
Defect of substantial character
Defect of substantial character, failure to file the nomination papers well within the time is held to be a 'defect of substantial character' rendering nomination paper liable to be rejected, Harjit Singh Manni v. S. Umroo Singh, AIR 1980 SC 701 (704): (1980) 1 SCC 713. [Representation of the People Act, (43 of 1951), s. 36(4)]...
defect
defect ...
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