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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.
In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write: In order to establish a prima facie case of liability arising out of a defective premises condition, a plaintiff must ...
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 .
In some jurisdictions, when the notice is properly recorded, lis pendens is considered constructive notice to other litigants or other unrecorded or subordinate lienholders. [3] The recording office will record a lis pendens upon request of anyone who claims to be entitled to do so (such as because the person has filed a lawsuit).
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 Turquand rule was formulated to keep an outsider's duty to inquire into the affairs of a company within reasonable bounds, but if the compliance or non-compliance with an internal requirement can be ascertained from the company's public documents, the doctrine of disclosure and the doctrine of constructive notice will apply.
However, note that if Alice records her interest before Bob's purchase, this recordation will be deemed to give Bob constructive notice. If Bob purchases the land without notice, and Alice then records her prior purchase before Bob records his own purchase, then Bob will still prevail in ownership of the land. The benefit of a pure notice ...
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 .