Latent Defect
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
One not discoverable by external examination.
13 N. Y. 9.
The term is used both in personal injury law, and in the law of sales. In Personal Injury Law. An employee (108 Ind. 286) and a fortiqri a third person is not bound to take notice of latent defects, while the owner of the defective appliance is bound to use due care and diligence to discover the same, if it can be done by any appropriate test (Wood, Mast. & S. I 368); while a carrier is held to every test dictated by the utmost possible care (119 Mass. 412). In the Law of Sales. A seller is latent defects except under peculiar <dt^ cumstances, as where the goods are of his own manufacture.
21 N. Y. 552.