What is the difference between latent and latent defects?

New Brunswick, Canada


The following excerpt is from Burns v. Allied Realty Ltd. et al, 2019 NBQB 173 (CanLII):

Moreover, that hookup was neither an inherently latent defect nor a deliberately concealed one. In the eyes of the law in this case (if it was a defect) it was a patent defect for which the maxim caveat emptor fully applies: Caveat emptor -"buyer beware" - is a principle often invoked in house purchases to defend against claims that what the purchaser got was not what he thought he was getting. It places responsibility on a purchaser to accept the responsibility of inspecting what he is buying to ensure that he is getting what he intends. Should he fail to examine, then a purchaser cannot be heard to complain. However, certain defects may not be apparent, even on a reasonably close examination, and a purchaser will not be held responsible where a defect is hidden. Defects therefore are separated into those that are apparent (patent defects) and those that are not (latent defects). (Fitzhenry v. Vaccaro 2009 MBQB 97 at para. 69)

Other Questions


What is the difference between first degree murder and manslaughter? (New Brunswick, Canada)
What is the difference between a plaintiff and a court in assessing damages in a motor vehicle accident case? (New Brunswick, Canada)
What is the difference between the originating process and the originating procedure? (New Brunswick, Canada)
What is the difference between a claim and a claim? (New Brunswick, Canada)
What is the difference between a salary recommendation based on a percentage or ratio of the salary level of another court? (New Brunswick, Canada)
Can a lender be held liable for negligence if a document is found to be defective or missing? (New Brunswick, Canada)
What is the difference between a mortgagee and mortgagee when the mortgagee buys in at the mortgage sale and later sells the property to a third party? (New Brunswick, Canada)
What is the difference between a two-year-old child and his father's driving time? (New Brunswick, Canada)
When will a motion be heard in a different judicial district? (New Brunswick, Canada)
What is the difference between the original evidence and the current evidence? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.