Defective Premises Act 1972

Section 1 places an obligation on builders and developers to build dwellings ‘fit for human habitation. The duty is owed to all persons who acquire an interest in the dwelling for six years from when the work is completed or remedied. Section 3 removes ‘caveat emptor’ in selling property (this requirement is not restricted to dwellings) and makes vendors and lessors liable for negligent work on the property carried out before the sale. Section 4 makes ‘repairing’ landlords liable for defects of which they know or ought to have known. All public liability and household policies carry a Defective Premises Act 1972 liability extension.

Defective product

For Consumer tection Act 1987 purposes: a product where the safety is not such as persons generally are entitled to expect. A product is not considered defective merely because it is of poor quality or because a safer version is put on the market. When deciding whether a product is defective, a court takes account of all the relevant circumstances including: the manner of marketing; any instructions or warnings given; what might reasonably be expected to be done with it; the time the product was supplied.

Defective title insurance

Indemnifies the prospective purchaser of land against loss occasioned from defects in the legal title arising from missing documents, etc. A title insurance policy extends for so long as the insured’s interest in the property remains. The insurance is normally required by mortgagees before being prepared to grant loans where the mortgagor is at risk of a defective title.

Defective workmanship

1. Motor trade. Negligent workmanship on a customer’s vehicle or the sale of a defective part by a motor vehicle repairer may cause an accident. The resultant liability can be insured under a motor trader’s comprehensive road and garage policy, or as an extension of the internal risks policy. ‘Workmanship’ means ‘repair, servicing, or maintenance and includes the predelivery check of a new vehicle and MOT tests. The widest available cover embraces: negligent workmanship, sale of spare parts and liability for damage to the customer’s vehicle. 2. Public liability. See PROPERTY WORKED ON.

Defense audit

Type of audit of hospital patient records that occurs when the insurance company requests a review of the patient’s records to verify charges. The insurance auditor may or may not meet with a hospital auditor, depending on the circumstances. Also see audit by request and random internal audit .