Capers Jones'ongoing analysis of over 12, 000 software development projects showed that the latent defect discovery rate of formal inspection is in the 60-65 % range.
12.
And Olathe, like virtually every other municipality in Johnson County, does not require contractors to guarantee they will remain financially responsible for latent defects in their work.
13.
In Common Law, there is no automatic right for a buyer to claim against a seller for such latent defects when they are discovered, absent an agreement in contract.
14.
However, if a latent defect is discovered, there is often a presumption against the seller when a claim is made in misrepresentation that the seller knew about the latent defect.
15.
However, if a latent defect is discovered, there is often a presumption against the seller when a claim is made in misrepresentation that the seller knew about the latent defect.
16.
The court held on the evidence that Holmdene's bricks did indeed contain a latent defect, and that the demolition of the walls was a natural and foreseeable consequence of this breach.
17.
A consumer has some minimal legal rights over the form of the contract, for example not to be held hostage over latent defects in the product, and that a guarantee will do what it says.
18.
As such, the term " latent defect " is often used as part of the guarantee clauses in a sales contract so that the buyer can recover damages from the seller if defects turn up in the property after the sale.
19.
If the seller delivers the car with a new camshaft, he is not liable for latent defects in that new camshaft . If the camshaft is not new, however, the buyer has the usual remedies for breach of contract, which have nothing to do with aedilitian remedies.
20.
"The novel and extraordinary class action theory . . . in this case is a recipe for disaster, " said one brief, saying that class-action lawsuits based on " latent defects " will have an " extremely harmful effect . . . on commerce in California and throughout the country ."
