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In corporate law, the doctrine of constructive notice is a doctrine where all persons dealing with a company are deemed (or "construed") to have knowledge of the company's articles of association and memorandum of association. The doctrine of indoor management is an exception to this rule.
Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice , constructive notice .
Actual notice may be contrasted with constructive notice, which is a way of giving notice that may not immediately bring the matter to the attention of the individual that is intended to receive the notice. Constructive notice includes, among other methods, service on an agent or family member, service by posting (on the front door), and ...
The court summarized the case law, and reiterated that a defendant who moves for summary judgment in a trip-and-fall case has “the initial burden of making a prima facie showing that it did not ...
Under the common law, the mere existence of a lawsuit potentially affecting the title to real property had the legal effect of putting the entire world on constructive notice of the suit; [6] anyone acquiring an interest in real property which was the subject of a pending suit took that interest subject to the litigants' rights as they might be ...
Once an instrument affecting the title to real estate has been recorded, the law holds that everyone is deemed to know of its existence, even if they have not searched the records in the recorder's office. This is the doctrine of "constructive notice" and it is nearly universal in the various states of the U.S. So, for example, after a deed or ...
A subsequent owner must have had actual notice, inquiry notice, or constructive notice (record) of the covenant at the time of purchase. The covenant must touch or concern the land. The covenant must relate to the use or enjoyment of the land. There must be horizontal privity between the original parties.
The notice and comment process, as outlined in the Administrative Procedure Act, gives the people a chance to participate in agency rulemaking. Publication of documents in the Federal Register also constitutes constructive notice , and its contents are judicially noticed .