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information concerning a fact actually communicated to a person by an authorized person, or actually derived by him or her from a proper source. Notice to a defendant of a lawsuit that has been instituted against him or her or of an action in which he or she may have an interest to defend is accomplished by service of process on him or her.
ACTUAL NOTICE direct positive knowledge of fact in question or information sufficient to put a prudent person on inquiry as to such fact. "Actual notice" embraces those things of which one has express information and which reasonably diligent inquiry would have disclosed.
AVERMENT OF NOTICE a statement in the pleadings declaring that a party to an action has received proper notice thereof
CONSTRUCTIVE NOTICE notice presumed by law to have been acquired; often accomplished by posting of notices or by mailing of notification to the defendant if he or she cannot be personally served with process.
EXAMPLE: Neil sues Quincy for a debt incurred when Neil painted his house. One requirement of filing the suit is that Neil personally notify Quincy of the court action. After several unsuccessful attempts to meet Quincy and physically hand him a copy of the complaint, Neil satisfies the notice requirement by sending a copy to Quincy's business and hoeme addresses and by tacking a copy on Quincy's door. Quincy is considered to have received constructive notice of the action whether or not he actually learned of it.
IMPLIED NOTICE notice that may be inferred from facts that a reasonable person had means of knowing but failed to inquire further. A person has no right to avoid information and then say that he or she had no notice. "Implied notice" is distinguished from CONSTRUCTIVE NOTICE (above), in that the latter rests upon strictly legal presumptions whereas the former is a form of ACTUAL NOTICE (above) arising from inferences of fact.
EXAMPLE: Ronit plans to buy an apartment complex from Maru. Upon touring the property, Ronit observes that all the apartments are occupied. Upon purchasing the property, he is shocked to find out that the tenants have long-term leases. His failure to follow up on the information that the units were occupied will prevent any claim that he had no notice that existing tenants came with the property.
INDIRECT NOTICE see IMPLIED NOTICE (above)
INQUIRY NOTICE with respect to one who claims to have been a bona fide purchaser without notice of adverse claims to the purchased property, information from whatever source derived that would create in an ordinary mind apprehension about the actual state of ownership of the property and that would prompt a person of average prudence to make inquiry.
JUDICIAL NOTICE see judicial notice
LEGAL NOTICE such notice as the law requires to be given. Legal notice may be notice that the law implies because of knowledge of the actual facts (see ACTUAL NOTICE, above), because of specific avoidance of the available knowledge (see IMPLIED NOTICE, above), or because of the presumption that knowledge has been acquired (see CONSTRUCTIVE NOTICE). Refers also to the act of advertising by publication in a legal or general circulation newspaper. Publication includes such notices as the proposal formation or settlement of a class action suit, or a person's legal change of name.
NOTICE BY PUBLICATION method of bringing a lawsuit to the attention of parties who may have an interest therein by publishing notification of it in a newspaper of general circulation; permissible only where specifically allowed by statute and generally limited to actions involving land, estates or status
PERSONAL NOTICE communication of notice orally or in writing, according to the circumstances, directly to the person affected or to be charged.
RACE NOTICE see recording acts
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016