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
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.
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.