constructive notice

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constructive notice

Notice that is deemed to have been received by a person,whether or not the person actually received it.

• All citizens are presumed to have constructive notice of the law.
• All persons have constructive notice of the contents of documents recorded in the public real estate records.
• The owner of property has constructive notice of any persons in actual possession of the property and claiming adversely to the owner.

References in periodicals archive ?
164) Nevertheless, courts generally limit the scope of the constructive knowledge doctrine to officers who are working closely together.
diligence team receives (potentially) constructive knowledge but does
Whilst the EAT suggested that the employer could have followed up certain questions which were not answered in the Occupational Health report, the overall efforts made by the employer to ascertain the position on disability meant that it could not be deemed to have constructive knowledge.
139, 158 (1988) (suggesting constructive knowledge satisfied when facts establishing cause of action reasonably available).
Granted, it is easy to defend a standard of constructive knowledge being applied for the purpose of imputing election in cases where the relevant disaffirmation entitlement is conferred under and by reason of a term of the contract in question.
The court said a jury could reasonably find that Jakubek had constructive knowledge of sexual harassment.
In the case of the woman who slipped on a piece of ice that tumbled from the drink dispenser, the Texas Supreme Court held that the store could not have constructive knowledge of the condition because ice--by its very nature--does not give a person time to respond with clean-up measures before it melts.
The safe harbor procedures had to be followed by employers to avoid finding of constructive knowledge that the employee was illegal and being exposed to violations.
On September 22, 2000, the intermediate, appellate court affirmed the trial court's decision, concluding that the school board had sufficient evidence that Howard's conduct met the definition of willful neglect of duty, which previous Louisiana court decisions had established as acting contrary to school policy based on actual knowledge via supervisory warnings or constructive knowledge based on general expectations of the responsibilities of teachers.
If a company hires contract workers, it is subject to the same liability for actual or constructive knowledge that the workers are unauthorized, as is applied in the case of hiring direct employees.
But with constructive knowledge of what had already been investigated more than a decade earlier, it appears to be the case that hitherto with abject disregard for the disabled and the elderly and infirm concerned, the Council's priority is to save face by employing legal services in defence of the indefensible, to try to pass the culpability buck elsewhere.
Constructive knowledge is defined as knowledge that may fairly be inferred through notice of certain facts and circumstances that would lead a person, through the exercise of reasonable care, to know about a certain condition.

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