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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
the Court analyzed the form of constructive notice by considering the
Here, defendant submitted evidence demonstrating that it had neither created, nor had actual or constructive notice of, the condition alleged by plaintiff to have caused the accident.
Plaintiffs must establish a dangerous condition of property, that the injury resulted from the condition, that the condition created a reasonably foreseeable risk of the harm incurred and that the city had actual or constructive notice of the condition.<br />The Eastern District agreed that the issue in this case was causation.
He noted that the country requires laws to be published on the Gazette before they could take effect so the public are placed "on constructive notice."
A letter to the clerks office is sufficient, as it places the circuit on constructive notice of the request, the high court added.
I also discuss the ways in which courts and parties are utilizing banner and pop-up advertisements, keyword search results, and dedicated websites to supplement individual notice and/or provide constructive notice. I ultimately argue that these forms of notice should be the focal point of notice plans going forward because they allow class counsel to target notice to individual persons, they are relatively inexpensive, they generally reach larger audiences, and they allow greater interactivity between class members and class counsel.
Our study focuses on two similar variables: constructive notice and brownfield remediation.
Constructive notice to the public of your claim of ownership of the mark;
The fifing fee is around $10, and the filing puts the world on constructive notice of the lien.
To protect themselves from litigation, physicians should take prudent steps to conduct an appropriate investigation if faced with actual or constructive notice of a possible overpayment, Mr.
Absent actual or constructive notice to the applicant or insured of limits on the agent's authority, an agent may bind the insurer by "acts, agreements, or representations within the ordinary scope and limits of the insurance business entrusted to him," even if the agent's actions violate private restrictions on his or her authority.
In the 1896 case of Hudson's Bay Co v Kearns and Rowling, the British Columbia Supreme Court, sitting as an appellate court, confronted the question of whether the purchaser of a fee simple interest who had registered that interest took it subject to a prior unregistered mortgage of which he had constructive notice. (58) A majority of the Court, led by Chief Justice Davie, ruled that British Columbia's title registration system abolished notice and, therefore, that the purchaser of the fee simple interest was not encumbered by the prior unregistered interest.

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