Substantive defect: An error in a crucial aspect of a legal document, such as omitting necessary information. This differs from a defect of form, which pertains to errors in the appearance of the document.
A mistake or error in the essential part of a legal document is known as a defect of substance. This occurs when crucial terms or details are omitted, rendering the document incomplete or invalid. Unlike a defect of form, which pertains to errors in the document’s presentation or writing, a defect of substance is more significant. For instance, a contract for the sale of a car that fails to specify the make, model, or year of the vehicle is a defect of substance. Such a contract is incomplete and cannot be enforced. Similarly, a will that does not name beneficiaries or heirs is also a defect of substance. Since the purpose of a will is to distribute a person’s assets after their death, failing to name beneficiaries renders the will unenforceable. These examples demonstrate how a defect of substance can render a legal document invalid or unenforceable. To avoid such defects, it is crucial to review and ensure that all essential details are included in any legal document.
A defect of substance refers to a flaw or defect in a product that makes it unsafe or unusable for its intended purpose.
Examples of defects of substance include faulty wiring in electrical products, contaminated food products, and defective car parts.
Manufacturers, distributors, and retailers can all be held responsible for defects of substance.
The legal standard for defects of substance is whether the product is unreasonably dangerous for its intended use.
The statute of limitations for defects of substance claims varies by state, but it is typically between two and four years.
Damages that can be recovered in a defects of substance case include medical expenses, lost wages, and pain and suffering.
The burden of proof in a defects of substance case is on the plaintiff to prove that the product was defective and that the defect caused their injuries.
Yes, a defect of substance case can be settled out of court through negotiations between the parties.
Yes, a defect of substance case can be brought as a class action if there are multiple plaintiffs who have suffered similar injuries.
If you have been injured by a defective product, you should seek medical attention and contact an experienced personal injury attorney to discuss your legal options.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/defect-of-substance/
- Modern Language Association (MLA):Defect Of Substance. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/defect-of-substance/.
- Chicago Manual of Style (CMS):Defect Of Substance. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/defect-of-substance/ (accessed: May 09 2024).
- American Psychological Association (APA):Defect Of Substance. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/defect-of-substance/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts