constructive notice

constructive notice
constructive notice see notice

Merriam-Webster’s Dictionary of Law. . 1996.

constructive notice
n.
Notice implied by law, usually because it is in a public record.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


constructive notice
constructive knowledge or constructive notice
knowledge that a person is deemed to have of facts that he would have discovered had he made the usual and proper inquiries. In the law of property, if a person omits to investigate some fact that has been brought to his notice, suggesting the existence of an adverse claim or title, or if he deliberately refrains from making due inquiry in order to avoid obtaining actual knowledge, he will be fixed with constructive knowledge of it.

Collins dictionary of law. . 2001.


constructive notice
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.
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Nolo’s Plain-English Law Dictionary. . 2009.

constructive notice
n.
   a fiction that a person got notice even though actual notice was not personally delivered to him/her. The law may provide that a public notice put on the courthouse bulletin board is a substitute for actual notice. A prime example is allowing service by publication when a spouse has left the state to avoid service (legal delivery of a legal notice) 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.
   See also: constructive

Law dictionary. . 2013.

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Look at other dictionaries:

  • Constructive notice — also known as the Doctrine of Constructive Notice is a legal fiction used in the law of both common law and civil law systems to signify that a person or entity is legally presumed to have knowledge of something, even if they have no actual… …   Wikipedia

  • Constructive notice — Constructive Con*struct ive, a. [Cf. F. constructif.] 1. Having ability to construct or form; employed in construction; as, to exhibit constructive power. [1913 Webster] The constructive fingers of Watts. Emerson. [1913 Webster] 2. Derived from,… …   The Collaborative International Dictionary of English

  • constructive notice — Not actual notice; such circumstances as the law deems the equivalent of actual notice since they are such as, under the law, put a party upon inquiry. 55 Am J1st V & P § 697. The substitute in law for actual notice, being based upon a… …   Ballentine's law dictionary

  • constructive notice — noun Notice of a fact which is created by operation of law, despite a lack of actual notice …   Wiktionary

  • constructive notice — /kənˌstrʌktɪv nəυtɪs/ noun 1. knowledge which the law says a person has of something (whether or not the person actually has it) because certain information is available to him if he makes reasonable inquiry 2. US a printed notice published in a… …   Dictionary of banking and finance

  • constructive notice — noun see notice I …   Useful english dictionary

  • notice — no·tice 1 n 1 a: a notification or communication of a fact, claim, demand, or proceeding see also process, service ◇ The requirements of when, how, and what notice must be given to a person are often prescribed by a statute, rule, or contract. b …   Law dictionary

  • constructive — con·struc·tive /kən strək tiv/ adj: created by a legal fiction: as a: inferred by a judicial construction or interpretation b: not actual but implied by operation of the law made a constructive entry when he refused to take the opportunity for a… …   Law dictionary

  • Constructive — Con*struct ive, a. [Cf. F. constructif.] 1. Having ability to construct or form; employed in construction; as, to exhibit constructive power. [1913 Webster] The constructive fingers of Watts. Emerson. [1913 Webster] 2. Derived from, or depending… …   The Collaborative International Dictionary of English

  • Constructive crimes — Constructive Con*struct ive, a. [Cf. F. constructif.] 1. Having ability to construct or form; employed in construction; as, to exhibit constructive power. [1913 Webster] The constructive fingers of Watts. Emerson. [1913 Webster] 2. Derived from,… …   The Collaborative International Dictionary of English

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