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"To establish silent fraud, the plaintiff must prove more than the seller was aware of a hidden defect, and failed to disclose it," the court wrote.
Until recently, the only protection provided to consumers under Jordanian law was the concept of hidden defects where the vendor shall be held liable if the product was sold with a hidden defect.
Head-in-pillow can be a hidden defect that can escape visual and x-ray inspection during assembly.
But the Petraeus-era CIA had a hidden defect, quite apart from any errant emails, which was that the paramilitary covert-action function was swallowing alive the old-fashioned intelligence-gathering side of the house.
E([C.sub.Hide]) = the expected selling price of a given used car, [C.sub.i], if a dealer does not reveal defects as a matter of firm policy, based on consumers' expected average cost of fixing a hidden defect after the sale,
Some subsequent purchasers may be able to bring a claim for a hidden defect or damage against the former landowner under Louisiana's warranty against redhibitory defect article.
When the seller affirms that the good is void of any defect or even praises its qualities, although in fact it has a hidden defect, he does injustice to the buyer.
Plaintiffs who have filed no injury class actions have generally done so under one of the following theories: (1) the possibility that a hidden defect will eventually manifest itself lowers the current value of the product, causing economic injury; (2) the possibility that the product will injure the consumer makes the consumer worried, causing emotional distress; (3) the manufacturer breaches its warranties, or acts fraudulently or unfairly, by promising a non-defective product but delivering a defective one; or (4) exposure to a hazardous substance (e.g., asbestos) causes injury at the microscopic level, even when the plaintiff has not yet suffered any observable effects.
Five different conditions were randomly presented: (a) 4 dockings without the tight-maneuver system (manual mode, MAN); (b) 15 dockings with the tight-maneuver system (nominal mode, NOM); (c) 5 dockings under a "hidden defect" condition (hidden defect, DEF); (d) 6 dockings at speed or position limits (LIM); and (e) 5 dockings with drivers taking over control (CONT).
One exception: Anything anyone knows about a serious hidden defect in the property must be disclosed to potential buyers, no matter for whom the agent is working.
It is possible, then, for a hidden defect to be present after reworking a PTH connector, which could result in failures in the field.
During the trial, a motor engineer who examined the car after the crash told Limerick Circuit Court that he had found a hidden defect in the rim of one of the wheels.