actual notice


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actual notice

Commonly means notice expressly and directly given to a person and received by that person.In legal documents,however,a requirement for actual notice may be satisfied through express notice or implied notice, but not by constructive notice. Express notice is given by actual delivery of the information to the person charged.Implied notice is satisfied if the person has sufficient facts available to cause him or her to ask further questions and thereby receive express notice. Constructive notice occurs when someone is charged by law with making inquiries such as would cause him or her to learn of facts giving rise to implied notice.

References in periodicals archive ?
Traditionally, most states have not allowed subrogation when the new mortgagee had actual notice of the junior lien.
It's better now to have people speak up, and if the company gets actual notice, and it doesn't come though the victim, at some point they have to do something," she stressed.
The February 29, 2008 order is also binding upon anyone in active concert or participation with Defendants who receives actual notice of the order.
Williams with actual notice that his housing subsidy was being terminated, NYCHA violated its duty to make reasonable accommodations for persons with disabilities.
1977) (noting that "[t]here are three types of notice by which a party may be held to have had knowledge of a particular fact: actual notice, implied notice (or implied actual notice), and constructive notice.
The court stated that "taxpayers cannot seriously contend that the notices to the business did not operate to give actual notice to each of the taxpayers.
You must provide any privacy notices and opt out notices, including short-form initial notices, that this part requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.
The appellate court found that the rent demand and petition met the requirements of law; that is, the tenant was given clear, concise and actual notice of the amount due and the period that the claim pertained to; that additional "ancillary charges" for attorneys' fees and late fees were also itemized in the rent demand did not, in the Appellate Term's view, represent a demand for illegal rent in excess of the rent stabilized maximum.
A copy of the actual notice will be available on the USPTO website shortly.
In finding that the mailed notice met state and federal due process requirements, the court stated that the "[s]tate must attempt to provide actual notice, not that it must provide actual notice," and that "the notice [should be] reasonably calculated, under all the circumstances, to apprise interested parties of the action and afford them an opportunity to present their objections.
The taxpayer claimed that he did not receive actual notice of the deficiency until 1995, when he met with an IRS agent in connection with an unrelated matter.
The court also granted a permanent injunction preventing Sumida, its officers, agents, servants, employees, and attorneys, and those persons acting in active concert or participation with them who receive actual notice of the order by personal service or otherwise from manufacturing, using, selling, offering to sell or importing into the United States any inverter modules that infringe claims 1, 2, 9, 12, or 18 of U.