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constructive notice |
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constructive notice n. a fiction that a person got notice even though actual notice was not personally delivered to him/her. The law may provide that a public notice put on the courthouse bulletin board is a substitute for actual notice. A prime example is allowing service by publication when a spouse has left the state to avoid service (legal delivery of a legal notice) in a divorce action. The legal advertisement of the summons in an approved newspaper is treated as constructive notice, just as if the summons and petition had been served personally. (See: constructive) |
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Property owners can also be found liable on a theory of constructive notice, where they should have known of the defect. A purchaser or encumbrancer who takes title to or records a lien on real property without actual or constructive notice of pending litigation affecting title to that property is not bound by any judgment in the litigation entered after title was received or the lien recorded. The Complaint states that AirClic, Scanbuy and LScan have had actual and constructive notice of the existence of the patents-in-suit, and, despite such notice, failed to cease and desist their acts of infringement, and continue to engage in acts of infringement of the patents-in-suit. |
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constructive notice
