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For example, constructive notice could be given to a landlord if a broken and unsupported metal grate on a public sidewalk collapses when stepped on by a pedestrian. The landlord is reasonably expected to know that this is a safety hazard.
For this reason, plaintiffs should conduct careful and complete discovery on the history of building maintenance and repair as defendant’s proven failure to properly inspect is fatal to a ...
An example of this would be printing a notice of the lawsuit in a newspaper published where the defendant is believed to reside. Because the failure of a defendant to appear in court results in a default judgment against him, such measures must be sufficiently calculated to give actual notice to the defendant to satisfy due process. In Mullane v.
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).
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 mortgage has been recorded by someone in the chain of title, no subsequent purchaser will be protected against it. The reason is that the recording laws deem everyone to know of its existence once it is ...
Constructive possession [1] is a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as someone with actual possession.
For example, adults may have punished you harshly for mistakes. "You might naturally feel self-protective and become defensive when someone expresses anger, frustration or disappointment to you ...
Watch the Video. Click here to watch on YouTube. It’s a parent’s worst nightmare. Imagine spotting a shark’s dorsal fin mere feet from where your daughter is swimming in the shallow water of ...