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NOTICE

A legal notification or warning that is delivered in a written format or through a formal announcement. An individual or party is considered liable if the party;

  1. has knowledge of the notice
  2. received the notice
  3. knows it through experience,
  4. has knowledge with regards to an associate fact
  5. could have gained knowledge had an enquiry been undertaken

There are various types of notice, each of which has different results. In general, notice deals with information that a party knows or should have known. In this context notice(s) are an essential element of DUE PROCESS. Notice can also refer to commonly known facts that a court or administrative agency may bring into evidence.

Actual notice is information given to the party directly. The two kinds of actual notice are "express notice" and "implied notice". An individual is deemed to have been given express notice when he actually hears it or reads it. Implied notice is deduced or inferred from the circumstances rather than from direct or explicit words. Courts will treat such information as though actual notice had been given..

Constructive notice is information that a court deems that an individual should have known. According to a Rule of aw that applies in such cases, the court will presume that a person knows the information because they could have been informed if proper diligence had been exercised. Constructive notice can be based on a legal relationship as well. For example, in the law governing partnerships, each partner is deemed to have knowledge of all the partnership business. If one partner engages in dishonest transactions, the other partners are presumed to know, regardless of whether they had actual knowledge of the transaction. The term legal notice is sometimes used interchangeably with constructive notice.

In certain cases involving the purchase of real property, an individual is charged with inquiry notice.When an individual wishes to purchase land, they ordinarily have the duty to check the title to the property to determine that the land is not subject to any encumbrances, which are claims, liens, mortgages, leases, EASEMENTS or right of ways, or unpaid liabilities taxes that have been lodged against the property. In some situations, however, the individual must make a reasonable investigation outside of the records, such as in cases involving recorded but defective documents. This type of notice is known as inquiry notice.

The concept of notice is critical to the integrity of legal proceedings. Due process requires that legal action cannot be taken against anyone unless the requirements of notice and an opportunity to be heard are observed. Therefore any legal proceedings are initiated by providing notice to the individual affected.

If an individual is accused of a crime, he has a right to be notified of the charges. In addition, formal papers must be prepared to give the accused notice of the charges. An individual who is being sued in a civil action must be provided with notice of the nature of the charge.

Courts are usually strict in requiring compliance with these proceedings, and ordinarily a plaintiff must put this information into a complaint that must be served upon the defendant in some legally adequate manner. The plaintiff may personally serve the notice to the defendant. When that is not practical, the papers may be served through the mail. In some cases a court may allow, or require, service by posting or attaching the papers to the defendant's last known address or to a public place where the defendant is likely to see them.