Actual notice occurs when a party has actual knowledge of a fact. The law sometimes requires a litigant to prove its opponent had actual knowledge, but other times a court will apply the doctrine of constructive notice to impute that knowledge. Which standard applies depends on both the area of the law and the circumstances of the dispute.
Definition from Nolo’s Plain-English Law Dictionary
Actual awareness or direct notification of a specific fact or proceeding. Actual notice occurs when an individual is directly told about something -- for example, when a tenant notifies the landlord that a window is broken, the landlord has actual notice of the broken window. "Personal service" of court documents is another common method of delivering actual notice. Also called "express notice." Compare: constructive notice
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:10 pm