Are you saying it was sent out in a defective condition?

Clause 25.3 provided that the Pete's Warehousing might withhold payments due if the premises were in a defective condition.

In fact, since the co-op is now aware that defective conditions may exist, its failure to take steps to correct any problems could itself be considered negligence.

Hence, whenever possible, bankers require bills of lading that contain no notations stating defective conditions in the goods or their packaging.

It originated in the defective condition of the electrical wiring on the defendants' premises, but as there was no negligence on their part they were held not liable.

"Basically, liability will depend on whether the tree was in a defective condition and whether the letter writer had knowledge of that condition," Mr. Nihamin said.

"The contract of sale should have incorporated the offering plan's engineering report on the building, which is required to have disclosed all defective conditions in the plumbing system," he said.

The Generator should always be seven-eighths full of oil, and the piston four should be inspected regularly, and if in a defective condition replaced by a new one.

They were personally liable for the consequences of the negligent action of their servants and liable for injuries happening in consequence of the defective condition of the premises.

After much delay owing to stormy weather and the defective condition of Admiral Cornish's ships, the expedition entered Manila Bay on 24 September, and anchored off Fort Cavite.

Responsibility For Injury Q. When an owner of real estate is sued for injuries that occur on his property, must the owner have had notice of a defective condition to be legally responsible?

The Pontiac Silverdome's artificial turf was in "dangerous and defective condition" and caused the injury that left MIKE UTLEY paralyzed from the chest down, a lawyer for the Detroit Lions offensive lineman said.

So, Ms. Reuter said, even though an owner may not have been specifically notified of a defective condition, the owner could nevertheless be held liable if the nature of the condition was such that he or she should have been aware of it.

"She may possibly seek recourse against the sponsor, who acknowledged an existing defect at the time of closing, based upon a material misrepresentation, the failure to disclose the scope of the defective condition and/or the failure to comply with provisions of the contract of sale."

She may seek recourse against the board if the windows or the air-conditioning are designated a common element or if the water seepage is a result of a defective condition relating to common elements or the condition is a violation of the Building Code.

There was nothing defective about the air brakes or other mechanism of the engine or train that I was operating, nor was there any defective condition of any of the signals or track upon which I was operating to the best of my knowledge.