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 ?
2) A beneficiary must have actual notice of any contributions to the trust to which the withdrawal right attaches;[10]
3505(b) will apply if the funds provider has actual notice or knowledge within the meaning of Sec.
Generally speaking, courts in patent infringement actions generally look to all the relevant circumstances to determine whether a party, upon actual notice of a patent, took adequate steps so as not to recklessly disregard the rights of the patent holder.
We also agree that there was no discovery violation based on the lost recording, as the record indicates that Chisem had actual notice of that witness's statement.
Upon review, the Board found that the hearing panel abused its discretion in this case by denying respondent's motion for rehearing because respondent had no actual notice of the hearing, that respondent made a serious effort to comply with the terms of his prior order of discipline as soon as was practicable given his circumstances, and that no actual, discernible harm was caused to a client, the public, the legal system, or the profession, and respondent obtained no personal benefit.
Where the plaintiff and her boyfriend both testified an employee of the defendant stated a spill should have been cleaned up, a reasonable juror could conclude that statement demonstrated the defendant's actual notice of the spill.
"The LHA first argues that, as a matter of law, absent formal service, it cannot be said to have had actual notice of the Orders.
Instead, Oregon courts will hold that actual notice is adequate when the written notice of protest is "a mere formality." Yet, I have seen instances where owners and developers in Oregon try to strictly enforce notice requirements by rejecting change orders because the contractor did not submit a "formal" notice.
process requirements are minimal: neither actual notice nor the best
Kamran Murtaza, the legal counsel of former state minister informed the court that actual notice was taken on a video clip annexed with a note put by the Supreme Court's registrar while declaring the same as contemptuous.
The revoking parent must keep a copy of the revocation and evidence of delivery of the notice to the other parent, or of reasonable efforts to provide actual notice.