A provision in some commercial general liability policies, excluding coverage for (1) the loss of use of undamaged property resulting from the insured’s delay or failure in performing an obligation, or (2) a design defect or failure in the insured’s product. — Also termed loss-of-use exclusion. [Cases: Insurance 2278(21).]
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An imperfection in the substantive part of a legal document, as by omitting an essential term. Cf. DEFECT OF FORM.
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form, n. 1. The outer shape or structure of something, as distinguished from its substance or matter (courts are generally less concerned about defects in form than defects in substance). 2. Established behavior or procedure, usu. according to custom or rule (the prosecutor followed the established form in her closing argument). 3. A model; a
A provision in some umbrella policies and some older commercial general liability policies, excluding coverage for bodily injury arising from the failure of the insured’s product to perform its intended function because of a defect or deficiency in its design, formula, specifications, instructions, or advertising materials. [Cases: Insurance 2278(21).]
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defect of substance 实质上的缺陷 指法律文件、起诉书、答辩书等的主体或实质内容方面存在的缺陷，例如，遗漏了应当说明的必不可少的条件，区别于形式上的缺陷〔defect of form〕。
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McNaghten rules (mik-nawt-[schwa]n).Criminal law. The doctrine that a person is not criminally responsible for an act when a mental disability prevented the person from knowing either the nature and quality of the act or whether the act was right or wrong. • The federal courts and most states have adopted this test in some form.
acceptance doctrine. Construction law. The principle that, once an owner accepts the work of a contractor, the contractor is not liable to third parties for an injury arising from the contractor’s negligence in performing under the contract, unless the injury results from a hidden, imminently dangerous defect that the contractor knows about and the owner
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A party to an action who has no control over it and no financial interest in its outcome; esp., a party who has some immaterial interest in the subject matter of a lawsuit and who will not be affected by any judgment, but who is nonetheless joined in the lawsuit to avoid procedural defects. •
A valid contract that, because of some technical defect, cannot be fully enforced; a contract that has some legal consequences but that may not be enforced in an action for damages or specific performance in the face of certain defenses, such as the statute of frauds. Cf. illegal contract; void contract. — Also termed agreement
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Durham rule. Criminal law. A test for the insanity defense, holding that a defendant is not criminally responsible for an act that was the product of mental disease or defect (Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954)). • Formerly used in New Hampshire and the District of Columbia, the Durham rule has