Latent Defect - Law Dictionary Search Results
Home Dictionary Name: latent defectLatent 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....
latent defect
latent defect ...
inherent defect
inherent defect : latent defect ...
condition
condition 1 : an uncertain future act or event whose occurrence or nonoccurrence determines the rights or obligations of a party under a legal instrument and esp. a contract ;also : a clause in the instrument describing the act or event and its effect concurrent condition : a condition that is to be fulfilled by one party at the same time that a mutual condition is to be fulfilled by another party condition implied in law : constructive condition in this entry condition precedent [-pri-sēd-nt, -pre-sə-dənt] : a condition that must be fulfilled before performance under a contract can become due, an estate can vest, or a right can become effective condition subsequent : a condition whose fulfillment defeats or modifies an estate or right already in effect or vested or discharges an already existing duty under a contract constructive condition : a condition created by operation of law called also condition implied in law compare express condition in this entry e...
latent
latent : existing in hidden or dormant form but usually capable of being brought to light compare patent ...
latent ambiguity
latent ambiguity : an uncertainty which does not appear on the face of a legal instrument (as a contract or will) but which arises from a consideration of extrinsic facts or evidence compare patent ambiguity ...
Latent
Not visible or apparent hidden concealed secret dormant as latent springs of action...
Latent
Latent [fr. latens, Lat.], hidden, concealed; secret. See AMBIGUITY....
redhibitory 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...
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