constructive knowledge


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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 ?
If the ASA's prediction is the equivalent of an officer's instruction, then under the constructive knowledge doctrine an officer would be justified in acting on that prediction, standing alone.
This broad constructive knowledge standard coupled with the prohibition on indirect payments means that a company may be held liable for the acts of its partners on the theory that the company was willfully blind to the improper payments.
had constructive knowledge in an eleventh hour data dump.
This article focuses on constructive knowledge and, specifically, when an employer could reasonably be expected to know of a disability.
Nothing in the Complaint suggests any particularized basis to infer that a majority of the Board had actual or constructive knowledge of the alleged misconduct, let alone that they acted improperly," she wrote.
Ameijeiras itself says that "[t]he landowner's duty arises only when he has actual or constructive knowledge of similar criminal acts committed on his premises," and the more recent decisions I cited have embraced that approach.
But, even in cases where the owner was not aware of the actual snow and ice condition that caused the injury, courts may hold the owner responsible if it can be shown that the owner had constructive knowledge of the condition that caused the injury.
Co held that "an insurance company is bound by all acts, contracts, or representations of its agent, whether general or special, which are within the scope of his real or apparent authority, notwithstanding they are in violation of private instructions or limitations upon his authority, of which the person dealing with him, acting in good faith, has neither actual nor constructive knowledge.
When the safe harbor speaks of "actual knowledge" of infringing material or "facts or circumstances from which infringing activity is apparent," it requires "actual or constructive knowledge of specific and identifiable infringements.
THE National Council of Educational Research and Training ( NCERT) feels students should gain more of constructive knowledge than learn the definitions given in textbooks.
Because the initial transfer did not render the company insolvent, and the taxpayers had no actual or constructive knowledge that the purchasing company would enter into a transaction that would cause the insolvency, the court rejected the IRS' argument and found that the taxpayers could not be held liable.

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