Latent Damage definition

Latent Damage means damage that is concealed, not apparent or obvious, and includes but not limited to inherent fragility, brittleness, or instability;
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Latent Damage means damage or a Product defect that exists as at the Delivery Date but is not discoverable by a reasonable inspection.
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Latent Damage shall have the meaning set forth in Section 7.1 hereof.
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Examples of Latent Damage in a sentence

  • Latent Damage: Damage or conditions beyond control of Painting Applicator caused by conditions not apparent at time of initial painting or coating work.

  • Correction of 'Latent Damage' and 'Damage Caused By Others,' as defined in this Section, is not included in work of this Section.

  • Consultation must meet the common law standards and the results must be taken into account by the decision maker.

  • Section 14A was inserted into the 1980 Act by section 1 of the Latent Damage Act 1986, following the much- criticised decision of the House of Lords in Pirelli General Cable Works v Oscar Faber & Partners [1983] 2A.C. 1.

  • In fact, as discussed below, the decision was followed by the report by the English Law Reform Committee (chaired by Lord Scarman, one of the Law Lords who sat in Pirelli), the recommendations of which found their way into the Latent Damage Act 1986.

  • See Discussion Paper paras 7.10-7.28; C J Rossiter and M Stone "Latent Defects in Buildings - When Does the Cause of Action Arise?" (1985) 59 ALJ 606; N J Mullany "Limitation of Actions and Latent Damage - An Australian Perspective" (1991) 54 MLR 216, 223-238.

  • The Law Reform Commission of Ireland discusses a number of studies which, although not dealing with personal injury claims, are consistent with the finding that a 10 year ULP would provide adequate protection: Report on the Statutes of Limitations: Claims in Contract and Tort in Respect of Latent Damage, Report No. 64 (2001) at 33.

  • Similarly, where the defendant conceals the facts relevant to a claim in respect of defective property, and that property is then sold, we consider that the purchaser (who has the benefit of a new cause of action accruing on the date of his purchase under section 3 of the Latent Damage Act 1986) should also be able to rely on that concealment to extend the long-stop limitation period applying to his claim against the defendant.

  • However, bank holding Instructions for Preparation of Reporting Form FR Y-9SP GEN-1 companies that are subsidiaries of ESOP bank hold- ing companies (i.e., a tiered bank holding company) must submit the appropriate FR Y-9 series in accor- dance with bank holding company reporting require- ments.

  • For all these reasons, I consider that the Latent Damage Act cannot be made consistent with the cause of action in tort accruing at the date of knowledge.


More Definitions of Latent Damage

Latent Damage means damage to Vehicles which is undetectable during a standard receiving inspection. Latent Damage shall apply only to those Vehicles that have been documented (or otherwise identified pursuant to mutually agreed upon procedures) as having been damaged while in the care, custody or control of Carrier or any of its employees, agents, representatives or contractors. The term “Actual Losses” shall include without limitation all damage and losses that are described in Appendix B attached hereto and incorporated herein by this reference. Other than Damage Exceptions described in Section 3.10 hereof and damages to Vehicles solely to the extent specifically excused pursuant to Section 11 hereof, and notwithstanding any rights or remedies the parties may have under 49 U.S.C.A. § 14706, which rights and remedies they hereby waive, Carrier shall be fully liable to TMS/USA for: (a) any Actual Losses in connection with the Vehicles which are lost, damaged (including Latent Damage or contamination) or destroyed between the time such Vehicles have been tendered to Carrier for transport at the Origin Point and the time the Vehicles are tendered to TMS/USA at the applicable Secured Area at the Destination Point, or whenever the Vehicles are in the possession of or under the care, custody or control of Carrier (or any of its employees, agents, representatives or contractors), and (b) any loss, damage, liability, cost, claim or destruction which arises directly or indirectly from the performance of or failure to perform properly the obligations pursuant to this Agreement by Carrier or any of its employees, agents, representatives or contractors. The amount to be paid by Carrier to TMS/USA for loss of or damage to Vehicles shall be computed as set forth in Appendix B. In the event of damage to Vehicles, Carrier shall not, under any circumstance, cause, suffer or permit the sale or disposal of any of the Vehicles or parts thereof as salvage or otherwise. Carrier’s obligations with respect to this Section 7.1 shall survive the termination or expiration of this Agreement.
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Related to Latent Damage

  • Direct Damage has the meaning given to it in clause 26.2;

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Premises Partial Damage means damage or destruction to the improvements on the Premises, other than Lessee Owned Alterations and Utility Installations, the repair cost of which damage or destruction is less than 50% of the then Replacement Cost of the Premises immediately prior to such damage or destruction, excluding from such calculation the value of the land and Lessee Owned Alterations and Utility Installations.

  • Structural damage means a covered building, regardless of the date of its construction, has experienced the following.

  • Major Damage means damage that in the estimation of the surveyor exceeds USD

  • Physical Damage means any tangible injury to a Property, whether caused by accident, natural occurrence, or any other reason, including damage caused by defects in construction, land subsidence, earth movement or slippage, fire, flood, earthquake, riot, vandalism or any Environmental Condition.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Environmental Damage means any injury or damage to persons, living organisms or property (including offence to man’s senses) or any pollution or impairment of the environment resulting from the discharge, emission, escape or migration of any substance, energy, noise or vibration;

  • Material Damage and “Materially damaged” means damage (w) resulting in the Property not complying with all legal requirements applicable to the Property, (x) reasonably exceeding $300,000 or (y) that entitles any tenant of the Property to terminate its Lease, or (z) which, in Buyer’s or Seller’s reasonable estimation, will take longer than 120 days to repair.

  • Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

  • Consequential Loss means loss of profits, anticipated loss of profit or revenue, loss of production, loss of business opportunity, loss of or damage to goodwill or reputation, loss of use or any other similar loss, but excludes:

  • Premises Building Partial Damage shall herein mean damage or destruction to the building of which the Premises are a part to the extent that the cost of repair is less than 50% of the then replacement cost of such building as a whole.

  • Damage means actual and/or physical damage to tangible property;

  • Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, including, without limitation, attorney’s fees, that are incurred at any time as a result of the existence of Environmental Conditions upon, about or beneath the Project Site or migrating or threatening to migrate to or from the Site, and including, without limitation:

  • Property damage means physical injury to, destruction of, or loss of use of tangible property.

  • Cover Damages means, with respect to any Delivery Shortfall, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 and the Cover Sheet, multiplied by the quantity of that Delivery Shortfall, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Severe property damage means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

  • Overhead Damage means any damage to the Vehicle or to any third-party property that is caused by:

  • Accidental Damage means physical damage, breakage or failure of Your Covered Equipment due to an unforeseen and unintentional event occurring either due to handling (e.g., dropping the Covered Equipment or through liquid contact) or due to an external event (e.g., extreme environmental or atmospheric conditions). The damage must affect the functionality of Your Covered Equipment, which includes cracks to the display screen that affect the visibility of the display.

  • Special Damages shall have the meaning as set forth in Section 5.07.

  • Serious damage ’ means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which se- riously detracts from the appearance, or the edible or marketing quality of the fruit. The following specific defects shall be considered as serious damage:

  • Latent Defects means such defects caused by faulty designs, material or work-man- ship which cannot be detected during inspection, testing etc, based on the technology available for carrying out such tests.

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Damage to Property means physical injury to or destruction of tangible property, including the loss of its use. Tangible property includes the cost of recreating or replacing stocks, bonds, deeds, mortgages, bank deposits and similar instruments, but does not include the value represented by such instruments.