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 ?
It makes clear that courts and parties ought to embrace electronic notice, both when trying to provide individual notice and when trying to provide supplemental or constructive notice.
Our study considers both the effect of the brownfield and constructive notice and remediation.
60) In so ruling, Davie CJ introduced a distinction between the treatment of express and constructive notice that did not appear in the statute.
SOAs used to authorize non-real property actions on behalf of, or otherwise act for or bind the LLC, require only the initial filing with the department, which is conclusive in favor of a person who gives value in reliance on the grant of authority, subject to exceptions, but does not provide constructive notice.
Mr Kakavas relied on this passage as authority for importing notions of so-called constructive notice into the application of the principle of unconscionable dealing as a species of equitable fraud.
Although the Alaska Recording Act specifically refers to first-to-record status as a requirement that a grantee must satisfy to be a race winner, the Alaska Supreme Court very likely will recognize a substitute for such recording when due to acts of another person it is impossible for a racer to record in a manner that imparts constructive notice.
To impose liability upon a defendant in a slip-and-fall action, there must be evidence that the defendant either created the condition which caused the accident, or had actual or constructive notice of the condition (see Steisel v Golden Reef Diner, 67 AD3d 670, 671; DeLeon v Westhab, Inc.
Once products covered by a patent are properly marked, infringers are said to have constructive notice and therefore can be liable for patent infringement damages even if they did not have actual notice of the patent.
8) Moreover, if the harassment was so pervasive and widespread that the employer should have known about the harassment, then the employer is deemed to have been on constructive notice of the harassment.
The appeals court also rejected the company's contention that it had no constructive notice that Erdman had worked the 1,250 hours in the previous 12 months necessary to qualify for FMLA leave because the hours included some worked from home.
While the Seventh Circuit and district courts within its jurisdiction have applied the Byrne test in other cases, (8) no court outside of the Seventh Circuit has developed standards for constructive notice under the FMLA.
In doing so, the claimant must prove that constructive notice of the alleged defect(s) exists.

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