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Actual Notice

   Also found in: Wikipedia 0.62 sec.

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)



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Both cases require that a number of narrow conditions be met in order for liability to be found, most notably that the school possesses actual notice of the conduct and shows deliberate indifference to that conduct.
To win, Mosley most show "the school had actual notice of the harassment and was deliberately indifferent to it," says Jocelyn Samuels, a vice president at the National Women's Law Center.
If the exercise occurred on Days 10 through Day 14 but the employer does not receive actual notice of the exercise before the end of Day 14, the employer should also be permitted to elect to include the withholding taxes in the deposit for the Day 15 to Day 28 pay period.
 
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