inquiry notice

inquiry notice

That legal notice presumed to exist when a person is in command of sufficient facts as would cause a reasonable person to make further inquiries.

Example: If one buys real property and knows that it is occupied by someone other than the seller, then the buyer has an obligation to make inquiries to find out the character of the rights of the occupant, whether the occupant has a long-term lease, no lease at all, or is claiming title to the property as his or her own. But, having failed to make any inquiry, the purchaser cannot make a claim against the seller if the occupant claims rights in the property.

References in periodicals archive ?
A public inquiry notice states: "The inquiry has been called to consider bus-monitoring exercises carried by Bus Users Cymru and the Driver and Vehicle Standards Agency (DVSA).
However, where "there is no evidence that the website user had actual knowledge of the agreement, the validity of the browsewrap agreement turns on whether the website puts a reasonably prudent user on inquiry notice of the terms of the contract.
1" put Williams on inquiry notice of the FBAR requirement.
52) But the Court's answer was incomplete as it failed to resolve (1) whether discovery meant actual discovery or encompassed the idea of inquiry notice, and (2) what "facts" constituted the violation that must be discovered.
The title searcher and his or her client will be on inquiry notice (45) that would-be grantor Mary Moss had made a conveyance that might be effective under the after-acquired title doctrine.
In fact, the court rejected inquiry notice as having any weight on when the limitations period begins to run.
36) As such, the court held that inquiry notice is insufficient to defeat holder in due course status because "[t]he plaintiff must also show knowledge by the taker, and not just warning clues, that the person tendering the check is a fiduciary.
controversial plan The boarded-up garage which occupies the site and the inquiry notice at the property
Alec Wildenstein was present at Sandown yesterday though, according to the inquiry notice, the Sandown stewards interviewed E Wildenstein - his brother Ecurie, perhaps - who was listed as Risk Seeker's owner
a California appellate court signaled its intention to return to the discovery rule as announced in Jolly: that to start the limitations period, plaintiffs must be aware not only of their injury and its factual (that is, physical) cause, but also of sufficient facts to put them on inquiry notice of a negligent cause.
Alternatively, courts might apply both the constructive knowledge and inquiry notice standards at the same time, dismissing cases that fit either standard.
The federal judge stated that he had dismissed WWE's federal RICO claims on multiple grounds, including: (1) that WWE's claims were barred by the statute of limitations because WWE was on inquiry notice of these claims no later than the summer of 1998, and (2) that WWE has not established any cognizable RICO injury.