Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Bonum defendentis ex integra causa; malum ex quolibet defectu
A good outcome for the defendant comes from a sound case; a bad outcome from some defect
Breve judiciale non cadit pro defectu formae
A judicial writ does not fail for a defect of form.
Confirmatio omnes supplet defectus, licet id quod actum est ab initio non valuit
Confirmation supplies all defects, even if that which has been done was not valid at the beginning.
Defect
n. An imperfection or shortcoming, esp. in a part that is essential to the operation or safety of a product. - defective, adj.
Defectus
n. [fr. Latin deficere "to be deficient"] Hist. A defect; a deficiency.
Dominus capitalis loco haeredis habetur, quoties per defectum vel delictum extinguitur sanguis sui tenentis
The supreme lord takes the place of the heir, as often as the blood of the tenant is extinct through deficiency or crime.
Nemo debet rem suam sine factu aut defectu suo amittere
No one should lose his property without his own act or negligence.
Quod meum est, sine facto sive defectu meo amitti seu in alium transferri non potest
What is mine cannot be lost or transferred to another without my own act or default.
apparent defect
See patent defect.
challenge propter defectum
A challenge based on a claim that the juror is incompetent to serve on any jury for reasons such as alienage, infancy, or nonresidency.
clerico conoicto commisso gaolae in defectu ordinarii deliberando.
See DE CLERICO CONvICTO COMMISSO GAOLAE IN DEFECTU ORDINARII DELIBERANDO.
de clerico convicto commisso gaolae in defectu ordinarii deliberando
[Law Latin "for delivering a cleric convicted and committed to gaol in defect of his ordinary"] Hist. A writ ordering the delivery of a cleric to his ordinary (i.e., superior) when the cleric did not claim benefit of clergy and consequently was convicted of a felony. See ORDINARY (1); BENEFIT OF CLERGY (1).
defect of form
An imperfection in the style, manner, arrangement, or nonessential parts of a legal document, as distinguished from a substantive defect. Cf. DEFECT OF SUBSTANCE.
defect of parties
A failure to include all necessary parties in a lawsuit.
defect of substance
An imperfection in the substantive part of a legal document, as by omitting an essential term. Cf. DEFECT OF FORM.
defective condition
An unreasonably dangerous state that might well cause physical harm beyond that contemplated by the ordinary user or consumer who purchases the product. See PRODUCTS LIABILITY.
defective performance
A performance that, whether partial or complete, does not completely comply with the contract. ( One example is late performance.
defective pleading
See PLEADING (1).
defective product
A product that is unreasonably dangerous for normal use, as when it is not fit for its intended purpose, inadequate instructions are provided for its use, or it is inherently dangerous in its design or manufacture.
defective record
1. A record that fails to conform to requirements of appellate rules. 2. A flawed real-estate title resulting from a defect on the property's record in the registry of deeds.
defective title
A title that cannot legally convey the property to which it applies, usu. because of some conflicting claim to that property. - Also termed bad title.
defective verdict
A verdict on which a judgment cannot be based because of irregularities or legal inadequacies.
defective, adj
1. (Of a position, right, act, or process) lacking in legal sufficiency <defective execution of documents> <defective service of process>. 2. (Of a product) containing an imperfection or shortcoming in a part essential to the product's safe operation <defective wiring caused the accident>.
defectus sanguinis
[Latin "defect of blood"] Hist. A failure of issue, often resulting in an escheat. See ESCHEAT.
design defect
A product imperfection occurring when the seller or distributor could have reduced or avoided a foreseeable risk of harm by adopting a reasonable alternative design, and when, as a result of not using the alternative, the product is not reasonably safe.
design-defect exclusion
See EXCLUSION (3).
ex defectu sanguinis
[Latin] From failure of blood; for want of issue.
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. 0 Upon discovering a hidden defect, a purchaser may revoke a prior acceptance. UCC ยง 2-608(1)(b). - Also termed latent defect; inherent defect.
hidden defect.
See DEFECT. hidden tax. See TAX.
inherent defect
See hidden defect under DEFECT.
latent defect
See hidden defect under 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.
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.
patent defect
A defect that is apparent to a normally observant person, esp. a buyer on a reasonable inspection. - Also termed apparent defect.
pro defectu emptorum
[Latin] For want of purchasers.
pro defectu exitus
[Latin] For, or in case of, default of issue.
pro defectu haeredis
[Latin] For want of an heir.
pro defectu justitiae
[Latin] For defect or want of Justice,
product defect
An imperfection in a product that has a manufacturing defect or design defect, or is faulty because of inadequate instructions or warnings.
propter defectum
See challenge propter defectum under CHALLENGE (2).
propter defectum sanguinis
[Latin] On account of failure of blood.
redhibitory defect
Civil law. A fault or imperfection in something sold, as a result of whid: the buyer may return the item and demand back the purchase price. - Also termed redhibitory vice..
remanent pro defectu emptorum
[Latin] Hist. Remains unsold for want of buyers. a This language was used in a return of a writ of execution when the sheriff could not sell the seized property.
title defective in form
A title for which some defect appears on the face of the deed. Title defective in form cannot be the basis of prescription.