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 ?
Only after she got the actual notice of registry renewal from the Secretary of State did she figure out that something wasn't right.
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.
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.
It is effective immediately when a bankruptcy is filed, and it is binding on parties even without actual notice.
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.
UNHCR shall advise the Contractor about any such suits, proceedings, claims, demands, losses or liability within a reasonable period of time after having received actual notice thereof.
Constructive or Actual Notice of the Junior Lien: Does it Matter?
that resulted in a $500,000 payment to the county, and a mandate that Shell provide Harris County with actual notice of future air pollution events.
Under this rule, when the IRS fails to send the notice to the taxpayer's last known address but the taxpayer receives subsequent actual notice, the limitation period begins to run on the date the taxpayer receives actual notice.
Given Case, how might future Illinois courts counter the potential unfairness to a defendant, who is sued on a refiled claim under section 13-217 and who received no actual notice of any possible claim until diligent service of process in the refiled lawsuit?