Also known as: defective · defectus · defects · defective title · latent defect
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
A mental impairment arising from disease that prevents a defendant from knowing the nature or wrongfulness of conduct or from controlling actions in accordance with law. The impairment must be shown to have produced the charged offense under applicable insanity tests.
A mental impairment arising from disease that prevents a defendant from knowing the nature or wrongfulness of conduct or from controlling actions in accordance with law. The impairment must be shown to have produced the charged offense under applicable insanity tests.
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An imperfection in title such as an unreleased lien, break in the chain of title, or outstanding interest that renders title unmarketable. A buyer may refuse to close or seek rescission when the seller cannot cure the imperfection by the closing date.
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An imperfection in a product or its design that makes the item unreasonably dangerous to users or consumers. Liability attaches when the defect causes physical harm and the seller placed the product in that condition into the stream of commerce.
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An error, irregularity, or variance in process, pleading, or evidence that does not affect substantial rights of a party. Courts must disregard such defects and may not grant relief on their account.
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An imperfection in title such as an unreleased lien, break in the chain of title, or outstanding interest that renders title unmarketable. A buyer may refuse to close or seek rescission when the seller cannot cure the imperfection by the closing date.
An imperfection in a product or its design that makes the item unreasonably dangerous to users or consumers. Liability attaches when the defect causes physical harm and the seller placed the product in that condition into the stream of commerce.
An error, irregularity, or variance in process, pleading, or evidence that does not affect substantial rights of a party. Courts must disregard such defects and may not grant relief on their account.
Each sense below has its own examples, sources, and questions.
Devon Drake, diagnosed with schizophrenia, stole a vehicle during an episode in which voices commanded the act. The prosecution proved the theft elements but the defense showed Drake would not have acted absent the disease. The court acquitted Drake because the offense resulted from his mental disease or defect.
A mental defect under the Durham rule requires proof that the offense would not have occurred but for the condition. The irresistible impulse test instead focuses on whether the defendant could control conduct or conform it to law, without requiring the but-for causation element.
Supporting sources
Dover Bank contracted to sell land to Dixon Foods. A recorded but unreleased mortgage from a prior owner remained on the property at closing. Dixon Foods refused to close and demanded rescission because the encumbrance rendered title unmarketable under the contract duty to convey marketable title.
A buyer may refuse when the defect renders title unmarketable, such as an unreleased lien or break in the chain. The seller generally has a duty to cure by closing unless the contract provides otherwise or the buyer waives the defect.
Supporting sources
After Deborah Dunn was injured by a machine, Decker Electronics added a guard that would have prevented the injury. At trial Dunn offered the guard installation to prove the machine was defective. The court excluded the evidence under the rule barring subsequent measures to prove a product defect.
Delta Dynamics assigned an employee to operate a forklift known to have a faulty brake. The employee lost control and struck a pedestrian. The court found negligence because the company used an instrumentality it knew or should have known was defective and created an unreasonable risk of harm.
Rule 407 bars admission of subsequent measures to prove negligence, culpable conduct, or a defect in a product or design. The policy encourages safety improvements without fear that the repairs will be used against the defendant.
Supporting sources
The plaintiff must show the actor knew or should have known the instrumentality was incompetent, inappropriate, or defective and that its use created an unreasonable risk of harm to others.
Supporting sources
During trial the court admitted a document containing a minor variance in the date of an event. The variance did not influence the jury's verdict or impair any party's ability to present its case. On appeal the court disregarded the defect because it did not affect substantial rights.
Officers obtained a warrant containing a clerical error in the address caused by the issuing judge. They executed the warrant in objective good faith reliance on its facial validity. The court upheld admission of the seized evidence under the good-faith exception despite the technical defect.
No. The rule requires courts to disregard any error, defect, irregularity, or variance that does not affect substantial rights. Reversal is available only when the defect impairs a party's substantial rights.
Supporting sources
…supposed careless of foetal life . . . . "The third reason of the frightful extent of this crime is found in the grave defects of our laws, both common and statute, as regards the independent and actual existence of the child before birth, as a living being. These errors, which are sufficient in most instances to…