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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
Hypothesis 3b: The quality of HCNs' relationship with their expatriate coworkers will be linked to constructive knowledge transfer.
If the ASA's prediction is the equivalent of an officer's instruction, then under the constructive knowledge doctrine an officer would be justified in acting on that prediction, standing alone.
This broad constructive knowledge standard coupled with the prohibition on indirect payments means that a company may be held liable for the acts of its partners on the theory that the company was willfully blind to the improper payments.
constructive knowledge (80) and it is unclear what types of employees
This article focuses on constructive knowledge and, specifically, when an employer could reasonably be expected to know of a disability.
Negligence Slip and fall - FTCA Where a judgment was entered for the United States on a negligence claim asserted by a plaintiff who slipped and fell in a military "PX," the evidence did not show actual or constructive knowledge of a dangerous condition on the part of governmental personnel.
But, even in cases where the owner was not aware of the actual snow and ice condition that caused the injury, courts may hold the owner responsible if it can be shown that the owner had constructive knowledge of the condition that caused the injury.
Co held that "an insurance company is bound by all acts, contracts, or representations of its agent, whether general or special, which are within the scope of his real or apparent authority, notwithstanding they are in violation of private instructions or limitations upon his authority, of which the person dealing with him, acting in good faith, has neither actual nor constructive knowledge."
* When the safe harbor speaks of "actual knowledge" of infringing material or "facts or circumstances from which infringing activity is apparent," it requires "actual or constructive knowledge of specific and identifiable infringements." In other words, you only lose safe harbor protection if you actually knew or became aware of "item-specific" infringements.
THE National Council of Educational Research and Training ( NCERT) feels students should gain more of constructive knowledge than learn the definitions given in textbooks.
Because the initial transfer did not render the company insolvent, and the taxpayers had no actual or constructive knowledge that the purchasing company would enter into a transaction that would cause the insolvency, the court rejected the IRS' argument and found that the taxpayers could not be held liable.

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