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In construction contracting, a latent defect is defined as a defect which exists at the time of acceptance but cannot be discovered by a reasonable inspection. [2]In the 1864 US case of Dermott v Jones, the latent defect lay in the soil on which a property had been built, giving rise to problems which subsequently made the house "uninhabitable and dangerous".
Where the seller makes the res available with a defect, a number of considerations determine the nature and extent of the remedy available to the buyer. In any defect case, one needs to consider two critical things: the nature of the defect (whether it is a patent or a latent defect); and; the nature of the remedy.
In quality management, a nonconformity (sometimes referred to as a non conformance or nonconformance or defect) is a deviation from a specification, a standard, or an expectation. Nonconformities or nonconformance can be classified in seriousness multiple ways, though a typical classification scheme may have three to four levels, including ...
This is a list of legal terms relating to patents and patent law.A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or their successor in rights in exchange to a public disclosure of the invention.
"The patent internalizes the externality by giving the [inventor] a property right over its invention." [108] In accordance with the original definition of the term "patent", patents are intended to facilitate and encourage disclosure of innovations into the public domain for the common good.
Environmental stress screening (ESS) refers to the process of exposing a newly manufactured or repaired product or component (typically electronic) to stresses such as thermal cycling and vibration in order to force latent defects to manifest themselves by permanent or catastrophic failure during the screening process. The surviving population ...
The latent defect discovery rate for most forms of testing is about 30%. [ 11 ] [ 12 ] A code review case study published in the book Best Kept Secrets of Peer Code Review contradicted the Capers Jones study, [ 11 ] finding that lightweight reviews can uncover as many bugs as formal reviews while being more efficient in terms of cost and money ...
Judging patentability is one aspect of the official examination of a patent application performed by a patent examiner and may be tested in post-grant patent litigation. Prior to filing a patent application, inventors sometimes obtain a patentability opinion from a patent agent or patent attorney regarding whether an invention satisfies the ...