Legal Definitions - defective

In legal terms, something is considered defective when it contains a flaw, error, or imperfection that prevents it from functioning as intended, safely, or in accordance with legal requirements. This defect can render a product unsafe, a legal document invalid, or a process insufficient to achieve its legal purpose.

Here are some examples illustrating the concept of "defective":

• Imagine a brand-new electric kettle that, when plugged in for the first time, immediately sparks and trips the circuit breaker. The kettle fails to heat water and poses an electrical hazard. In this situation, the kettle is defective because it has a manufacturing flaw that prevents it from performing its intended function safely and reliably, making it unfit for its purpose.

• Consider a contract for the sale of a house that was signed by only one of the two required parties. When the buyer tries to enforce the agreement, a court determines the contract is defective. This means the contract lacks a vital legal element (the signature of both parties) necessary for its validity and enforceability, preventing it from legally binding both parties to the sale.

• A city builds a new public park, including a playground with a slide. Shortly after opening, it's discovered that the slide's landing area is too short, causing children to fall awkwardly and sustain injuries. The playground's design is deemed defective because it contains a flaw that makes it unreasonably dangerous and unsuitable for its intended use by children, failing to meet safety expectations.