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Actual Notice

   Also found in: Financial, Wikipedia 0.01 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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It is not an actual notice," Los Angeles Unified School District Board Superintendent Ramon Cortines told a public board meeting, alluding to a state law about notifying by March 15 any layoffs planned for July.
the Seventh Circuit allowed Byrne's FMLA claim to proceed despite Byrne's failure to give his employer timely actual notice that he needed leave, (5) as required by regulation.
To invoke this rule, the following must transpire: 1) the owner/inventor of the patent application must provide actual notice of the patent application to the alleged infringer; 2) the patent application must be granted; and 3) the allegedly infringing invention must be "substantially identical" to what is claimed in the granted patent.
 
 
 
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