Define: Actual Notice

Actual Notice
Actual Notice
Quick Summary of Actual Notice

Actual notice is a legal term that refers to knowledge or awareness of a fact or circumstance obtained by an individual through direct communication or personal observation. In legal contexts, actual notice is often contrasted with constructive notice, which refers to information that a person is deemed to have received even if they did not have actual knowledge of it. Actual notice requires clear and direct communication of information to the individual, such as through written notice, verbal communication, or personal observation of a situation. When someone has actual notice of a particular fact or legal requirement, they are considered to be fully informed and responsible for acting accordingly. Actual notice plays a significant role in legal proceedings, contracts, and transactions, as it establishes whether a party had knowledge of relevant information and can affect their rights, responsibilities, and obligations in a given situation.

What is the dictionary definition of Actual Notice?
Dictionary Definition of 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).

Actual Notice: Actual notice refers to the explicit and direct communication or information provided to an individual or party regarding a specific matter or situation. It involves the clear and unequivocal transmission of knowledge or awareness, typically through written or verbal means, ensuring that the recipient is fully informed and aware of the details and implications of the notice. Actual notice is often used in legal contexts, such as in contracts or legal proceedings, to establish that a person has been officially notified and cannot claim ignorance or lack of knowledge about the subject matter.

Full Definition Of Actual Notice

Actual notice is a legal term that refers to the specific knowledge or awareness of a fact or situation that a person has obtained through direct communication or personal observation. In the context of legal proceedings, actual notice is often required in order for a party to be held responsible for certain actions or obligations. This means that a person cannot claim ignorance of a situation if they have been directly informed or have personally witnessed the relevant information. Actual notice is an important concept in contract law, property law, and other areas of the legal system where knowledge and awareness are key factors in determining liability or responsibility.

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.

Related Phrases
No related content found.
Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/actual-notice/
  • Modern Language Association (MLA):Actual Notice. dlssolicitors.com. DLS Solicitors. March 29, 2024 https://dlssolicitors.com/define/actual-notice/.
  • Chicago Manual of Style (CMS):Actual Notice. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/actual-notice/ (accessed: March 29, 2024).
  • American Psychological Association (APA):Actual Notice. dlssolicitors.com. Retrieved March 29, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/actual-notice/