Constructive notice is the concept that deems a party to have knowlege (i.e. notice) of a fact without regard for whether or not that party had actual knowledge of that fact. In certain areas of the law, this means that so long as a party can demonstrate it followed a set of specifically enumerated procedures designed to provide some target with notice of a fact, it need not prove that the target actually knew the fact, because the law will assume that knowledge under the doctrine of constructive notice.
Definition from Nolo’s Plain-English Law Dictionary
The fiction that someone got notice even though actual notice was not personally delivered to that person. The law may provide that a public notice put on the courthouse bulletin board is a substitute for actual notice. Or the court may authorize service by publication when a spouse has left the state to avoid service in a divorce action. The legal advertisement of the summons in an approved newspaper is treated as constructive notice, just as if the summons and petition had been served personally.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:13 pm