What Is a Patent Defect?
A patent defect describes a flaw that is noticeable upon visual inspection. This legal term is often used in contrast with a "latent" defect, which points to a problem detected later in time and not apparent at first examination.
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Scope
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This terminology is framed in the context of determining whether a flaw is a patent or latent defect. Scenarios include a significant omission that weakens a document or problems with expensive items such as an estate property.
Liability
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The responsibility of noticing patent defects resides with the buyer, according to the American Law and Legal Information from the Law Library. On the other hand, the Latent Damage Act of 1986 gives the consumer the right to pursue civil actions for latent defects for a period of three years from purchase.
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Protection
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The buyer of a product with a patent defect has no legal ground to claim damages because he could have declined purchasing the flawed item, according to the Latent Damage Act. However, exception can be made if there is evidence that the seller attempted to hide the defect from normal scrutiny.
On the other hand, latent flaws are protected by the Law.
Insurance
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Insurance companies typically decline insuring against patent defects. However, they will offer coverage for latent defects.
Expertise
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The determination of the nature of a defect requires some legal background. Attorneys or expert witnesses hired by legal firms best perform these types of investigations.
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