Actual notice

 

The doctrine of notice is most relevant in relation to property law, but concepts of notice also apply in other areas of law. Notice is generally classified as either actual notice or constructive notice. Whilst they are very different in character, both actual notice and constructive notice are treated as having equal legal effect. For this reason it is important to understand what constitutes notice and when it is relevant.

  • Actual notice is when notice of an event or state of affairs is known by a person
  • Constructive notice refers to the circumstance where a person is presumed or deemed to know of a particular state of affairs, even though they do not have actual notice of them. Constructive notice will be deemed when a person is expected to have made reasonable enquiries and failed to do so. Thus, constructive dismissal is a legal fiction applied as a substitute for actual dismissal with the consequence that the person is legally deemed to have notice

Whilst these are the main types of notice in law, there are two other forms of legal notice. Imputed notice occurs in a principal-agent relationship where an agent acting for a principal has notice of a state of affairs or fact and the law imputes notice of that state of affairs or fact to the principal.

Implied actual notice or implied notice occurs where actual notice is presumed or deemed if an average person, having witness of the same evidence, should know that a particular fact exists.

If you would like to obtain legal advice on the types of notice at law, Caven can put you in touch with local specialist criminal solicitors free of charge. So, if you have any questions or would like our help in finding local specialist criminal solicitors please call us on 08001 221 2299 or complete the web-form above.

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