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)

constructive knowledge

or

constructive notice

knowledge that a person is deemed to have of facts that he would have discovered had he made the usual and proper inquiries.
References in periodicals archive ?
An SOA to execute an instrument transferring/affecting real property in the name of the LLC requires a second-step "recording" of a certified SOA in the real property records office to provide constructive notice.
This Comment argues that the Byrne constructive notice standard is a step in the right direction, but is ultimately unsatisfactory.
finding that the father had constructive notice of his paternity
Property owners can also be found liable on a theory of constructive notice, where they should have known of the defect.
Therefore, it is essential to begin investigation and discovery early to find evidence of actual or constructive notice to the landowner and its agents.
Registration also constitutes constructive notice to others that the owner has the exclusive right to use the mark throughout the United States, even if usage at the time of registration is limited to a specific geographic area.
California recognizes and applies the Filed Tariff Doctrine, and therefore, the constructive notice component of the doctrine (128) which acts as a bar to many claims based on fraud, misrepresentation, and contract principles.
In addition to defining a core of proscribed behavior to give people constructive notice of the law, a criminal statute must provide standards to prevent arbitrary enforcement," Judge Mary Schroeder wrote in the 9-page opinion.
On appeal, the appellate court affirmed the trial judge holding that the customer had presented no evidence that the store had actual or constructive notice of the leaf and water for a sufficient length of time that its presence would or should have been discovered by store employees.
Did the taxpayer have actual or constructive notice that the tax Statute would be retroactively amended (notice)?
Recordation of interests in real property in the local land records provides constructive notice of a party's interest and is binding upon third parties.

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