Propter defectum is a legal term used to describe a challenge to a potential juror’s qualifications to serve on a jury, based on reasons such as age, residency, or citizenship. This type of challenge is one of several that can be made during the jury selection process. Challenges are formal objections made to ensure that a fair and impartial jury is selected for a trial.
A propter defectum challenge is a type of challenge during jury selection where a potential juror is deemed unfit to serve on any jury due to reasons like alienage, infancy, or nonresidency. For instance, the defence attorney in this case made a propter defectum challenge against a potential juror who was not a resident of the state, arguing that they were not qualified to serve on any jury. This challenge is based on the assertion that the juror is incompetent to serve on any jury due to a specific reason, distinguishing it from other challenges made during jury selection.
Propter Defectum is a Latin term that translates to “because of a defect.” It refers to a legal principle that allows a party to seek remedies or relief due to a defect or deficiency in a product, service, or contract.
Propter Defectum can cover various types of defects, including manufacturing defects, design defects, inadequate warnings or instructions, and even defects in the performance of a service or contract.
To prove the existence of a defect, you will typically need to provide evidence such as expert opinions, product testing results, documentation of similar incidents, or witness testimonies. It is crucial to gather as much evidence as possible to support your claim.
Under Propter Defectum, you may be entitled to various remedies, including compensation for damages, repair or replacement of the defective product, cancellation of a contract, or even punitive damages in certain cases.
Yes, there is usually a statute of limitations that sets a time limit for filing a claim under Propter Defectum. The specific time limit can vary depending on the jurisdiction and the nature of the claim, so it is essential to consult with an attorney to determine the applicable deadline.
Yes, in some cases, you may still be able to file a claim even if the defect caused an injury or damage after a significant period of time. This is known as the “discovery rule,” which allows the statute of limitations to start running from the time the defect was discovered or should have been reasonably discovered.
Yes, it is possible to hold multiple parties liable for a defect under Propter Defectum. This can include manufacturers, distributors, retailers, contractors, or any other party involved in the production, distribution, or sale of the defective product or service.
Yes, you can still file a claim for a defect even if you purchased the product second-hand. The liability for defects typically extends to subsequent purchasers as well, as long as the defect existed at the time of the original sale.
In some cases, it is possible to waive your rights under Propter Defectum through a contract or agreement. However, such waivers are often subject to scrutiny and may be deemed unenforceable if they are found to be unconscionable or against public policy.
While it is not mandatory to have an attorney, it is highly recommended to consult with a qualified attorney who specializes in product liability or contract law. An attorney can provide guidance, assess the strength of your claim, gather evidence, negotiate with the opposing party, and represent your interests in court if necessary.
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.
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