imputed notice


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imputed notice

The concept that notice to one person will be considered notice to another in a special relationship to the first person.For example,notice to an attorney is the same as notice to the attorney's client.In circumstances allowing oral contracts (usually not the case with real estate),if a seller makes an offer and a buyer accepts that offer via a communication to the seller's agent,then the acceptance makes a binding contract as of that moment.The seller cannot withdraw the offer before actually learning of the acceptance,because the contract has already been formed when the agent received the notice.

References in periodicals archive ?
69) Thus, both constructive and imputed notice suffice for liability according to the property protection rationale for recipient liability.
Conversely, if the emphasis is on the second rationale, then the sufficiency of constructive notice and imputed notice is debatable.
Sir Robert Megarry V-C in Re Montagu's Settlement Trusts (70) is the clearest proponent of the second rationale for recipient liability and, consequently, his Honour rejects the sufficiency of both constructive and imputed notice.
Whilst the article agrees that constructive notice, embodying as it does, notions of mere carelessness, does not satisfy this requirement, Megarry V-C's rejection of the sufficiency of imputed notice can be challenged.
First, does imputed notice suffice to show the defendant's wrongful participation in the breach of fiduciary duty?