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Mr. Price however accepts that these formulations require modification to this extent, that if the alleged constructive trustee can show that on a balance of probabilities inquiries would have produced answers acceptable to the honest and reasonable man even if such answers be incorrect, constructive knowledge is not to be imputed. Mr.
In law, knowledge is one of the degrees of mens rea that constitute part of a crime.For example, in English law, the offence of knowingly being a passenger in a vehicle taken without consent requires that the prosecution prove not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, but also that the defendant knew that it was taken without ...
For these purposes, knowledge can be both actual and constructive—i.e., the court can impute knowledge where appropriate. There is no problem when the alleged criminal actually intended to cause the particular harm. Things are more difficult when the defendant denies actual knowledge. When evaluating behavior, the legal process assumes the ...
The knowledge requirement for contributory infringement is an objective assessment and stands fulfilled if the defendant has actual or constructive knowledge of an infringement, i.e., if he or she has reason to believe that an infringement is taking place. [4]
The harshness of the doctrine of constructive notice is somewhat reduced by the "Rule of Indoor management" or "Turquand's Rule". The rule derives its name from the case of Royal British Bank v Turquand, where the defendant was the liquidator of the insolvent Cameron's Coalbrook Steam, Coal and Swansea and Loughor Railway Company.
Explicit knowledge (also expressive knowledge) [1] is knowledge that can be readily articulated, conceptualized, codified, formalized, stored and accessed. [2] It can be expressed in formal and systematical language and shared in the form of data, scientific formulae, specifications, manuals and such like. [ 3 ]
Common knowledge is a related but stronger notion; any event that is common knowledge is also mutual knowledge. The philosopher Stephen Schiffer , in his book Meaning , developed a notion he called "mutual knowledge" which functions quite similarly to David K. Lewis 's "common knowledge".
In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference.
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