Yacht Insurance 101 - part 2
The main reason for much confusion with the term “latent defect” is the fact that it is a very broad concept. Its definition is not only exclusive to all defects that are unknown and undiscoverable because as time goes, many of these latent defects will become apparent. As such, the latent defect becomes an apparent defect. Courts have held time and time again that any kind of wear, deterioration or normal stress does not constitute a latent defect. Since every material naturally tends to age, deteriorate and wear out, what then constitutes a latent defect? A latent defect includes fault in the workmanship or the material itself. Thus, it may include faulty design but only in so far as damage results from such faulty design but not for the correction of the faulty design. Are you confused yet? Don’t worry. You are not the only one. To stave any confusion, let us go through each component covered by a latent defect clause, as follows: Error in Design Design means all specifications involved in how a vessel is to be built as well as repaired. Thus, design is primarily concerned with the form and function of a vessel, the choice of materials used, and lastly, the manufacturing process to use in building the vessel. If you notice, all of these factors are considered before manufacture of the vessel. As such, design errors or faulty design involve any defects that are present before the vessel was even built. For example, after a short time at sea, a boat with a balsa cored bottom becomes saturated with water. This could be an error in design if: (1) faulty lamination; or (2) balsa was an improper choice of material for the core. Faulty Material By “material,” we are referring to something which is used to fabricate something else. Thus, it can be said that a material exists in three states: raw, processed, and finished. For example, let’s take a log cut from a tree. This is a prime example of a raw material. When you cut the log into planks, it becomes a processed material. Make the planks into pre-finished plywood and you have a finished material. Making a distinction between the three states of material is relevant because at each point in the manufacturing process, an error could occur. Premature Failure As the term itself indicates, premature failure occurs when the material does not achieve its expected service life under normal circumstances. This can be quite tricky as disputes may arise as to whether the premature failure is due to an error in design or faulty material used. To properly determine the real cause of the premature failure, it would have to be taken on a case-to-case basis, considering all the facts attending in a given situation. |
Sponsored Links:Related Articles:
Yacht / Sabre Yachts / Types Of Boat Sellers Buying A New Boat / Types Of Boats Available Boat Dealer / Finding A Jon Boat Dealer Private Yacht / Chartering A Private Yacht Versus Buying Your Own Fishing Boat / Sport Fishing General Boating Info / Tips For Boat Rentals Yacht / Luxury Yachts Boat Sales / About Motorboats Boat Building / Boat Building Kit Buying Tips Buying A New Boat / Types Of Boat Sellers Boat Tours / Boat Tours Boating / An Aluminum Boat Is Lightweight And Easily Transported Boat Storage / The Benefits Of A Portable Boat Storage Building Boating / Boat Cover Will Protect Valuable Investment Also In This Category:
Yacht - Yacht Weddings - Carolina Yacht Club - Yacht Charter Uk - Caribbean Yacht Charters - Sailing Yacht Charters - Florida Yacht Charter - Trinity Yachts - Motor Yacht Interiors - Viking Yachts - Yacht Racing - How to Sail Downwind - Tips For Yacht Interiors - Yacht - Yachting Safety - Tip #2 - World Yacht - Explaining A Great Deal About Motor Yacht Currently Online :7 member(s), 13 guest(s): AnimalRites, CaliforniaDream, ConverseShoesRule, Paperclip, PrehistoricSwimmer, TeamWork, TrickSkate, Ask Jeeves, Gigabot, Google, MSN.com, Cobion.com, Slurp Search : |
No comments yet
searching expensive apba performing purchases auction condition striped doing internet case juneau lower covered alcohol distance interior gas default pro celebrity michigan policy stearns examine professional marten busine beach inspect resorts deep secure and experience car town natural first ketch cost anchor determining business spring those dirt manufacturing mediums life decision