Actual Notice

Conveying facts to a person with the intention to apprise that person of a proceeding in which his or her interests are involved, or informing a person of some fact that he or she has a right to know and which the informer has a legal duty to communicate.

When such notice has been given to someone personally, it is called express actual notice or express notice. If a tenant notifies a landlord that the elevator is broken, the landlord has express actual notice of the defect. Should the landlord fail to repair the elevator and another tenant is injured while riding it, the landlord would be liable for the tenant's injuries.

Actual notice can be presumed if an average person, having witness of the same evidence, should know that a particular fact exists. This is called implied actual notice or implied notice. If the landlord had been with the tenant when the tenant discovered the broken elevator, the landlord would be considered to have implied notice of the defect.

actual notice

n. having been informed directly of something or having seen it occur, as distinguished from constructive notice (e.g. a notice was mailed but not received, published in a newspaper, or placed in official records). (See: notice)

actual notice

Commonly means notice expressly and directly given to a person and received by that person.In legal documents,however,a requirement for actual notice may be satisfied through express notice or implied notice, but not by constructive notice. Express notice is given by actual delivery of the information to the person charged.Implied notice is satisfied if the person has sufficient facts available to cause him or her to ask further questions and thereby receive express notice. Constructive notice occurs when someone is charged by law with making inquiries such as would cause him or her to learn of facts giving rise to implied notice.

单词	actual notice
释义	Actual Notice Actual Notice Conveying facts to a person with the intention to apprise that person of a proceeding in which his or her interests are involved, or informing a person of some fact that he or she has a right to know and which the informer has a legal duty to communicate. When such notice has been given to someone personally, it is called express actual notice or express notice. If a tenant notifies a landlord that the elevator is broken, the landlord has express actual notice of the defect. Should the landlord fail to repair the elevator and another tenant is injured while riding it, the landlord would be liable for the tenant's injuries. Actual notice can be presumed if an average person, having witness of the same evidence, should know that a particular fact exists. This is called implied actual notice or implied notice. If the landlord had been with the tenant when the tenant discovered the broken elevator, the landlord would be considered to have implied notice of the defect. actual notice n. having been informed directly of something or having seen it occur, as distinguished from constructive notice (e.g. a notice was mailed but not received, published in a newspaper, or placed in official records). (See: notice) actual notice actual notice Commonly means notice expressly and directly given to a person and received by that person.In legal documents,however,a requirement for actual notice may be satisfied through express notice or implied notice, but not by constructive notice. Express notice is given by actual delivery of the information to the person charged.Implied notice is satisfied if the person has sufficient facts available to cause him or her to ask further questions and thereby receive express notice. Constructive notice occurs when someone is charged by law with making inquiries such as would cause him or her to learn of facts giving rise to implied notice.
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