fatal defect. A serious defect capable of nullifying a contract.
hidden defect. A product imperfection that is not discoverable by reasonable inspection and for which a seller or lessor is generally liable if the flaw causes harm. • Upon discovering a hidden defect, a purchaser may revoke a prior acceptance. UCC § 2-608(1)(b).
— Also termed latent defect; inherent defect. [Cases: Sales 119. C.J.S. Sales §§ 194, 199–202.]
latent defect. See hidden defect.
manufacturing defect. An imperfection in a product that departs from its intended design even though all possible care was exercised in its assembly and marketing. [Cases: Products Liability
8. C.J.S. Products Liability §§ 11–15.]
marketing defect.
1. The failure to adequately warn of a potential risk of harm that is known or should have been known about a product or its foreseeable use.
2. The failure to adequately instruct the user about how to use a product safely. [Cases: Products Liability 14. C.J.S. Products Liability §§ 25–29.]
patent defect. A defect that is apparent to a normally observant person, esp. a buyer on a reasonable inspection.
— Also termed apparent defect.
product defect. An imperfection in a product that has a manufacturing defect or design defect, or is faulty because of inadequate instructions or warnings. [Cases: Products Liability 8, 11, 14. C.J.S. Products Liability §§ 11–15, 19–21, 25–29.]
