latent defect

The latent defect discovery rate for most forms of testing is about 30%.

Failure to disclose latent defects of which the landlord knows or has reason to know.

The only exception was if the seller actively concealed latent defects.

In other words, a latent defect would not be apparent to an ordinary person, even if an expert might have discovered it.

Their most famous edict concerned a seller's liability for latent defects.

It was created to show the test and integration approach which was driven by new challenges to surface latent defects in the software.

It was all very easy until the latent defect in the Baroness's character began to SUrface.

At common law the employer did not guarantee the safety of the equipment and could not be held liable for a latent defect in it.

The case provides a useful distinction between contractual and aedilitian remedies for latent defects.

The court defined a latent defect as follows:

A seller is also liable for latent defects in the merx in terms of the aedilitian actions.

Priestley pleaded two grounds in support of his claim against his master, a latent defect and the van's overloading.

Capers Jones' ongoing analysis of over 12,000 software development projects showed that the latent defect discovery rate of formal inspection is in the 60-65% range.

The following are circumstances in which the seller will not be liable for latent defects in the res vendita:

There is no automatic right for a buyer to claim against a seller for such latent defects when they are discovered, absent an agreement in contract.

If the seller delivers the car with a new camshaft, he will not be liable for latent defects in that new camshaft.

"The aedilitian remedies [...] are available if the res vendita suffered from a latent defect at the time of the sale."

There are signs that latent defects insurance, such as that recommended in the BUILD report, is beginning to take off in the insurance market.

However, there are difficulties with latent defects, for example, characteristics not known to be harmful at the time of delivery, or immunities to harmful substances being subsequently discovered.

The question of what constitutes a latent defect went unresolved, as did the matter of whether liability for consequential damages has its foundations on breach or on delict.

It is an environmental stress test used in evaluating product reliability as well as in manufacturing to catch early-term, latent defects by inducing failure through thermal fatigue.

A court could hold the clause reasonable in relation to the claim for short delivery (which would be readily apparent) but not to the claim in respect of latent defects.

Where the seller makes the thing sold available, and it is discovered that the thing has a latent defect, the seller will be liable to the buyer in four circumstances.

Purchases three or four times a month had happened for three or so years, and each time, a sold note followed, which said the buyer took responsibility for any latent defects.

It should be noted that cl 3.2 gives a right to reject for latent defects that could not have been discovered upon examination and which appear after a reasonable period of use.