Imputed Knowledge

Imputed Knowledge

The comprehension attributed or charged to a person because the facts in issue were open to discovery and it was that person's duty to apprise himself or herself of them; more accurately described as knowledge.

For example, if the stairway leading to a retail store is defective and a patron is injured on the stairway, the store owner cannot evade liability for the patron's injury by denying knowledge of the defect. Since the store owner is subject to a duty to discover and rectify the defect in an area known to be used by the public, knowledge of the defect is imputed to the store owner.

In the law of agency, notice of facts brought to the attention of an agent (a person authorized by another, known as a principal, to act for him or her), within the scope of the agent's authority or employment, is usually imputed to his or her principal.

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References in periodicals archive ?
Imputed Knowledge combines elements of a thriller with insights on faith and God's involvement in human suffering: all this embedded in the story of one Jude Priore, an aviation defense counsel whose mission is to deal with the aftermath of an airplane's hijacking.
That's really what Imputed Knowledge is all about, moving between a terrible hijacking's impact on all involved and the personal spiritual crisis of a man who embarks on a quest for answers.
But if you're expecting your standard thriller formula piece, know that Imputed Knowledge is something far more complex.
Just to be clear here, although it is sometimes suggested that a solicitor's knowledge of the law must be attributed ('imputed') to the client in certain circumstances (see, eg, Borda v Burgess [2003] NSWSC 1171, [73] (per Young CJ in Equity)), the better view is that no legal rule of imputed knowledge applies in the present connection, that is, apart from the normal operation of an evidential presumption; see Spencer Bower, ibid 433-434, [XIII.3.23].
of Colorado) have structured the contents in chapters covering the agency relationship, the ambiguous principal problem, and subagency; rights and duties between principal and agent; vicarious tort liability; contractual power of agents; fraudulent acts of agents; the undisclosed principal; liability of the agent to third persons; the doctrine of ratification; imputed knowledge; termination; creation, operation, and dissolution of a partnership; the limited partnership; and the limited liability company.
This imputed knowledge, generally referred to as a foreseeability requirement, is a way to fairly apportion the burdens in the contracting process.
The administrator must then consider whether this is a general or specific claim, whether it is a general claim for which the oil company is presumed to have known and foreseen in accord with the imputed knowledge concept, or whether it is a specific need, for which the fund will not impute knowledge.
The allegation that the person who took the alleged illegal bets suffered loss, where there is actual or imputed knowledge, does not change anything so far as the criminal responsibility is concerned - two wrongs do not make a right!
Imputed Knowledge in Agency Law--Existing the Fraud Exception, 117 L.Q.
1992) ("Imputed knowledge is a tenet of agency law, and is based on an underlying legal fiction of agency--the identity of principal and agent when the agent is engaged in the principals business.").
[section] 1.482-1(b)(1) would change this standard to "uncontrolled taxpayers, each exercising sound business judgment on the basis of reasonable levels of experience, (or, if greater, the actual level of experience of the controlled taxpayer) within the relevant industry and with full knowledge of the relevant facts, would have agreed to the same contractual terms under the same economic conditions and other circumstances." This change would seem to require an adjustment to the Canadian arm's-length standard and decrease the importance of comparables since it would be necessary to add in the imputed knowledge factor.
If the parties had been dealing at arm's length, there would be no reason to suspect that the arm's length person would have had the imputed knowledge required by the proposal.