What is considered latent defect?
A hidden or concealed defect; one which could not be discovered by reasonable and customary observation or inspection.
What is latent defect in commercial law?
A ‘latent defect’ is a material defect, which was not visible after ‘reasonable’ inspection. The material imperfection must have existed when the parties entered into the contract. When a latent defect is present, it means that the product lacks the quality promised in terms of the sales agreement.
How do you prove latent defects?
A consumer who sues based on a latent defect usually proves the following elements to be successful in their lawsuit:
- The product included a dangerous, unreasonable defect;
- The product’s defect caused an injury to the plaintiff while the product was being used in the correct manner; and.
What is a latent structural defect?
A latent defect exists at the time of construction but is undetected until after (sometimes years after) construction is completed and the structure and its systems are in use. An example would be a structural beam that meets the specified size, color and grade requirements, but is understrength.
How long can you have a latent defect?
When the Latent Damage Act 1986 was introduced, many thought it was a sensible compromise between the need for a long-stop date and the need to protect those unaware of a latent defect. In essence it gives a claimant three years from the date when he knew or should have known of a problem to issue proceedings.
What are the remedies of latent defect?
Though a latent defect may be present, it may not always amount to a breach of contract and the Seller in most instances remains victorious when the Purchaser wishes to cancel the sale agreement….c) actio quanti minoris(for price reduction).
- Damages Actio Empti.
- Repayment Actio Redhibitoria.
- Actio Quanti Minoris.
Is seller responsible for latent defects?
As previously explained, sellers are only liable if they fraudulently conceal a latent defect, so it must be determined what a seller knew and when he knew it. Buyers should expect candid and complete answers from both the seller and seller’s agent when asking questions about the property.
How long does a latent defect last?
The latent defect period commences at the start of the construction period and ends 5 (five) years from the date that final completion was achieved.
What are Aedilitian remedies?
The aedilitian actions, are the legal actions that are available in terms of Roman law, whereby a party may protect themselves against latent defects in the thing sold. The two remedies available in this context are the actio redhibitoria and the actio quanti minoris.
What is the legal interpretation of latent and patent defects?
A latent defect is a fault that would not readily be revealed by a reasonable inspection whereas patent defects are defects that are not hidden and should easily be discovered by a reasonable inspection.
What are latent defects?
Latent defects is a popular term in the dictionary of software testing which are hidden undetected flaws in software which can’t be identified by any user until some special set of operation are performed. These flaws can be detected only when a specific task is performed in an unusual circumstances.
What is an example of a latent defect?
– Non-intuitive design – Poor site navigation – Catalog navigation – Lack of help-support
What is the meaning of latent defect?
Latent defects or Hidden Damage are defects to a property that are not generally discoverable by a prospective purchaser on a reasonable inspection and ordinary vigilance. This can include issues such as, faulty electrical wiring hiding behind the walls or a well-hidden termite or mold problem.
What is latent defect in construction?
Caveat emptor .