Actual Notice


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Actual Notice

Conveying facts to a person with the intention to apprise that person of a proceeding in which his or her interests are involved, or informing a person of some fact that he or she has a right to know and which the informer has a legal duty to communicate.

When such notice has been given to someone personally, it is called express actual notice or express notice. If a tenant notifies a landlord that the elevator is broken, the landlord has express actual notice of the defect. Should the landlord fail to repair the elevator and another tenant is injured while riding it, the landlord would be liable for the tenant's injuries.

Actual notice can be presumed if an average person, having witness of the same evidence, should know that a particular fact exists. This is called implied actual notice or implied notice. If the landlord had been with the tenant when the tenant discovered the broken elevator, the landlord would be considered to have implied notice of the defect.

actual notice

n. having been informed directly of something or having seen it occur, as distinguished from constructive notice (e.g. a notice was mailed but not received, published in a newspaper, or placed in official records). (See: notice)

References in periodicals archive ?
At the very least, the courts would have more lee way to reason through cases in which a bona fide purchaser for value or a lienholder was without actual notice of a defect in title.
Because of the actual notice requirement proscribed in Gebser, the Court in Davis was faced with the issue of what kind of discrimination is in the context of a private damages action.
State Farm argued in the alternative that regardless of the statute, Banton's deposition testimony demonstrated Banton's actual notice of the policy's cancellation, which should prohibit Banton's claim from being enforced.
While not legally necessary, it is a smart thing to do, as these are the entities that will eventually be paying your client a dividend; and it is handy to have indisputable proof that the disbursing entity had actual notice of the correct amount of the claim.
in Coral Gables spoke at the 2001 Sedona (Arizona) Conference on Patent Litigation about alternative dispute resolution, collaborative dispute resolution, and declaratory judgment and actual notice, and she co-chaired the International Trademark Association Leadership Meeting in Naples.
However, the failure to record a lease where there is actual notice that such a lease exists, loses all pertinence since the purpose of recording is to furnish constructive notice to those who have no notice.
The parents' complaints to the school administrators sufficed for actual notice, whereas the OCR guidelines require only constructive notice, or reason to know, of racial harassment.
In addition, the court noted that the contingent beneficiaries received actual notice from the trustees with regard to their rights.
It is effective immediately when a bankruptcy is filed, and it is binding on parties even without actual notice.
The fact that the insurer may be aware of the claim does not absolve the insured from providing actual notice of a suit or claim in order to receive coverage.
The Markses claimed they never received the 1982 notices and did not receive actual notice of the deficiency until 1988.
The preliminary injunction, as extended in duration, is also binding upon anyone in active concert or participation with defendants who receives actual notice of the order.