implied notice

implied notice

A situation in which the law considers someone as having notice of a particular fact because they knew of sufficient other facts such as would cause a reasonable person to make inquiries and then gain additional knowledge.

Example: Zack finds a house he wants to buy. The owners live out of town, but every time Zack visits the house to review and inspect it, he sees evidence that someone is living in the house. Despite that, he signs a contract to buy the house, goes through with the closing, and is surprised when the current tenants tell him they have a 5-year lease on the property. Zack had implied notice of this fact. When he saw evidence of occupancy, he should have asked more questions and is not entitled to simply sit in ignorance and hope everything works out for the best.

References in periodicals archive ?
However, unlike implied notice, a party has constructive notice when the inference of knowledge arises "by operation of law, as under a recording statute.
25) Any reference to an extrinsic document in a recorded mortgage, however, may only trigger implied notice, and only if such reference creates a duty in a creditor or subsequent purchaser to conduct further research into the referenced extrinsic document.
If, instead, the court had concluded that Exhibit "a" was merely referenced by the mortgage, then the Delucas and JP Morgan may have only had implied notice of its contents, provided that a reasonable person would have believed that inquiry into those contents was required.
Were the courts to treat constructive notice cases more like they treat implied notice cases, the results would likely be more equitable.
In such a situation, the department or a court would likely find that the employee had implied notice, either from a handbook, training or generally recognized workplace standards, that such behavior would result in a "for cause" termination.
MIAMI, March 25, 2011 /PRNewswire/ -- Akerman Senterfitt today announced that a Palm Beach County, Florida Circuit Court Judge has ruled that builders and installers cannot be held liable for negligence for faulty drywall (commonly referred to as "Chinese drywall") installed during home construction if they did not have actual or implied notice of a defect in the drywall at the time of construction.