Contract instantiation fails with 'type' not specify in a fragment of an abi definition

[notsegfault]

if the abi contains for example:
{ payable: true, stateMutability: 'payable', type: 'fallback' },

the contract instantiation will fail because x.type is undefined.

one can simply remove the abi entry but it would be nice if that would ignore it instead.

[notsegfault]

similar issue with an abi definition of
stateMutability: 'payable', type: 'receive' },

as toFragment will return null