defines particular modes of individual or constructive notice
It makes clear that courts and parties ought to embrace electronic notice, both when trying to provide individual notice and when trying to provide supplemental or constructive notice
. In conclusion, I suggest that, because it is impossible to know how technological advances will shape communication in the future, courts must be willing to embrace new technologies as they develop and become widespread.
Our study considers both the effect of the brownfield and constructive notice
(60) In so ruling, Davie CJ introduced a distinction between the treatment of express and constructive notice
that did not appear in the statute.
The court denied the homeowner's motion to amend the complaint, saying insureds with coverage under SFIPs have a duty to know the details of these policies regardless of misrepresentations allegedly made by the insurer and its agents, because the policies are codified under federal law, thereby giving policyholders constructive notice
of the terms.
An SOA to execute an instrument transferring/affecting real property in the name of the LLC requires a second-step "recording" of a certified SOA in the real property records office to provide constructive notice
(24) Section 09.45.940 of the Alaska Statutes states that "[f]rom the time of recording the [lis pendens] notice, a purchaser, holder of a contract or option to purchase, or encumbrancer of the property affected has constructive notice
of the pendency of the action." (25)
Once products covered by a patent are properly marked, infringers are said to have constructive notice
and therefore can be liable for patent infringement damages even if they did not have actual notice of the patent.
(8) Moreover, if the harassment was so pervasive and widespread that the employer should have known about the harassment, then the employer is deemed to have been on constructive notice
of the harassment.
The appeals court also rejected the company's contention that it had no constructive notice
that Erdman had worked the 1,250 hours in the previous 12 months necessary to qualify for FMLA leave because the hours included some worked from home.
(101) Whether the relevant Torrens jurisdiction employs the system of constructive notice
pioneered in Barclays Bank plc v O'Brien (102) and recently refined by the House of Lords in Royal Bank of Scotland plc v Etridge [No 2], (103) or Australian principles of unconscionability and the so-called 'special equity' for wives, (104) how such claims of third-party unconscionability ought to be treated under the Torrens system are questions of critical importance.
(6) The court developed the following test for "constructive notice
" of an employee's need for FMLA leave: If a trier of fact believes either (a) that the [employee's] change in behavior was enough to notify a reasonable employer that [the employee] suffered from a serious health condition, or (b) that [the employee] was mentally unable either to work or give notice [in the time period of the bizarre behavior], then he would be entitled to FMLA leave [for that period].