notice

Information; the result of observation, whether by the senses or the mind; knowledge of the existence of a fact or state of affairs; the means of knowledge. Intelligence by whatever means communicated. Koehn v. Central Nat. Ins. Co. of Omaha, Neb., 187 Kan. 192, 354 P.2d 352, 358.

Any fact which would put an ordinarily prudent person on inquiry. State ex rel. Gleason v. Rickhoff, Mo.App., 541 S.W.2d 47, 50.

That which imparts information to one to be notified. Greene v. Ives, 25 Conn.Sup. 356, 204 A.2d 412, 415.

Notice in its legal sense is information concerning a fact, actually communicated to a. person by an authorized person, or actually derived by him from a proper source, and is regarded in law as "actual" when the person sought to be affected by it knows thereby of the existence of the particular fact in question. United States v. Tuteur, C.A.I11., 215 F.2d 415.

It is knowledge of facts which would naturally lead an honest and prudent person to make inquiry, and does not necessarily mean knowledge of all the facts. Wayne Bldg. & Loan Co. of Wooster v. Yarborough, 11 Ohio St.2d 195, 228 N.E.2d 841, 847, 40 O.O.2d 182.

In another sense, "notice" means information, an advice, or written warning, in more or less formal shape, intended to apprise a person of some proceeding in which his interests are involved, or informing him of some fact which it is his right to know and the duty of the notifying party to communicate.

Fed.R. Civil P. 5(a) requires that every written notice be served upon each of the parties. A person has notice of a fact if he knows the fact, has reason to know it, should know it, or has been given notification of it. Restatement, Second, Agency No. 9.

Notice may be either

(1) statutory, i.e., made so by legislative enactment;

(2) actual, which brings the knowledge of a fact directly home to the party; or

(3) constructive.

Constructive notice may be subdivided into:

(a) Where there exists actual notice of matter, to which equity has added constructive notice of facts, which an inquiry after such matter would have elicited; and

(b) where there has been a designed abstinence from inquiry for the very purpose of escaping notice.

See also adequate notice

- charged

- due notice

- immediate notice

- imputed notice

- judicial notice

- knowledge

- legal notice

- publication

- reasonable notice.

@ actual notice

Actual notice has been defined as notice expressly and actually given, and brought home to the party directly. The term "actual notice," however, is generally given a wider meaning as embracing two classes, express and implied; the former includes all knowledge of a degree above that which depends upon collateral inference, or which imposes upon the party the further duty of inquiry; the latter imputes knowledge to the party because he is shown to be conscious of having the means of knowledge. In this sense actual notice is such notice as is positively proved to have been given to a party directly and personally, or such as he is presumed to have received personally because the evidence within his knowledge was sufficient to put him upon inquiry.

@ averment of notice

The statement in a pleading that notice has been given.

@

Commercial law.

A person has "notice" of a fact when:

(a) he has actual knowledge of it; or

(b) he has received a notice or notification of it; or

(c) from all the facts and circumstances known to him at the time in question he has reason to know that it exists.

A person "knows" or has "knowledge" of a fact when he has actual knowledge of it. "Discover" or "learn" or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by the U.C.C. U.C.C. No. 1-201(25).

A person "notifies" or "gives" a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not such other actually comes to know of it.

A person "receives" a notice or notification when:

(a) it comes to his attention; or

(b) it is duly delivered at the place of business through which the contract was made or at any other place held out by him as the place for receipt of such communications. U.C.C. No. 1-201(26).

Under the Uniform Commercial Code, the law on "notice," actual or inferable, is precisely the same whether the instrument is issued to a holder or negotiated to a holder. Eldon's Super Fresh Stores, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 296 Minn. 130, 207 N.W.2d 282, 287.

@ constructive notice

Constructive notice is information or knowledge of a fact imputed by law to a person (although he may not actually have it), because he could have discovered the fact by proper diligence, and his situation was such as to cast upon him the duty of inquiring into it. Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact. Constructive "notice" includes implied actual notice and inquiry notice. F. P. Baugh, Inc. v. Little Lake Lumber Co., C.A.Cal., 297 F.2d 692, 696.

+ constructive notice

Such notice as is implied or imputed by law, usually on the basis that the information is a part of a public record or file, as in the case of notice of documents which have been recorded in the appropriate registry of deeds or probate. Notice with which a person is charged by reason of the notorious nature of the thing to be noticed, as contrasted with actual notice of such thing. That which the law regards as sufficient to give notice and is regarded as a substitute for actual notice. In re Fahle's Estate, 90 Ohio App. 195, 105 N.E.2d 429, 431

@ express notice

Express notice embraces not only knowledge, but also that which is communicated by direct information, either written or oral, from those who are cognizant of the fact communicated.

See also actual notice.

@ implied notice

Implied notice is one of the varieties of actual notice (not constructive) and is distinguished from "express" actual notice. It is notice inferred or imputed to a party by reason of his knowledge of facts or circumstances collateral to the main fact, of such a character as to put him upon inquiry, and which, if the inquiry were followed up with due diligence, would lead him definitely to the knowledge of the main fact. "Implied notice" is a presumption of fact, relating to what one can learn by reasonable inquiry, and arises from actual notice of circumstances, and not from constructive notice. Or as otherwise defined, implied notice may be said to exist where the fact in question lies open to the knowledge of the party, so that the exercise of reasonable observation and watchfulness would not fall to apprise him of it, although no one has told him of it in so many words.

@ personal notice

Communication of notice orally or in writing (according to the circumstances) directly to the person affected or to be charged, as distinguished from constructive or implied notice, and also from notice imputed to him because given to his agent or representative.

See actual notice

- express notice.

@ public notice

Notice given to the public generally, or to the entire community, or to all whom it may concern. Such must commonly be published in a newspaper of general circulation.

See also publication

@ reasonable notice

Such notice or information of a fact as may fairly and properly be expected or required in the particular circumstances

+ reasonable notice

While the term is relative, State v. Boles, 5 Conn.Cir. 22, 240 A.2d 920, it is notice which is plainly calculated to apprise the appropriate person of its contents.

See also notice

@ notice of action

See lis pendens

@ notice of appeal

A document giving notice of an intention to appeal filed with the appellate court and served on the opposing party. Fed.R.App.P. 3

@ notice of appearance

A notice given by defendant to a plaintiff that he appears in the action in person or by attorney

@ appearance doctrine

This doctrine is a special rule designed to afford a right of self-defense to defendant based upon which "appears" to the defendant to be a situation which justifies use of force in self-defense. State v. Ferguson, Mo.App., 581 S.W.2d 132, 136.

See self-defense

@ notice of deficiency

See ninety-day letter (90-day letter)

@ notice of dishonor

Notice of dishonor may be given to any person who may be liable on the instrument by or on behalf of the holder or any party who has himself received notice, or any other party who can be compelled to pay the instrument. In addition an agent or bank in whose hands the instrument is dishonored may give notice to his principal or customer or to another agent or bank from which the instrument was received. U.C.C. No. 3-508(1).

See also dishonor

@ notice of issue

See notice of trial

@

- notice of lis pendens

@ notice of motion

A notice in writing, entitled in a cause, stating that on a certain day designated, a motion will be made to the court for the purpose or object stated. Such notice is required to be served upon all parties. Fed.R. Civil P. 5(a)

@ notice of judgments

@ notice of orders

@ notice of orders or judgments

notice of orders or judgments

Immediately upon the entry of an order or judgment the clerk shall serve notice of the entry by mail upon each party who is not in default for failure to appear, and shall make a note in the docket of the mailing. Fed.R. Civil P. 77(d).

See also Fed.R.Crim.P. 49(c)

@ notice of pendency

See lis pendens

@

- notice of protest (protest)

@ notice of tax deficiency

See ninety-day letter (90-day letter)

@ notice of trial

A notice given by one of the parties in an action to the other, after an issue has been reached, that he intends to bring the cause forward for trial at the next term of the court

@ notice race statutes

In some jurisdictions, in recording of documents of title to real estate, the first grantee or mortgagee to record in the chain of title without actual notice of a prior unrecorded deed or mortgage prevails.

Also known as race-notice statute.

See also notice recording statutes

- recording acts

@ notice recording statutes

An unrecorded conveyance or other instrument is invalid as against a subsequent bona fide purchaser (creditor or mortgagee if the statute so provides) for value and without notice. Under this type of statute the subsequent bona fide purchaser prevails over the prior interest whether the subsequent purchaser records or not. Insofar as the subsequent purchaser is concerned, there is no premium on his race to the recorder's office. His priority is determined upon his status at the time he acquires his deed or mortgage.

See also recording acts

@ notice to appear

Shorthand expression for the form of summons or order of notice in which the defendant is ordered to appear and show cause why judgment should not be entered against him. Fed.R. Civil P. 4(b).

See also show cause order

- summons

@ notice to creditors

Formal notification in bankruptcy proceeding to creditors of the bankrupt that a meeting will be held, or that proof of claims must be filed on or before a certain date, or that an order for relief has been granted.

See Bankruptcy Code, No. 342

@ notice to plead

A notice which, in the practice of the federal courts, and most state courts, is prerequisite to the taking judgment by default. It proceeds from the plaintiff, and warns the defendant that he must plead to the declaration or complaint within a prescribed time. Such notice is required in the summons. Fed.R. Civil P. 4(b)

@ notice to produce

Document by which party to civil or criminal action requests opposing party to submit specified papers, evidence, etc. needed for preparation of case and use at trial.

See e.g. Fed.R.Civil P. 30(b); Fed.R. Crim.P. 15(a), 26.2. 18 U.S.C.A. No. 3500.

See discovery

- inspection of documents

@ notice to quit

A written notice given by a landlord to his tenant, stating that the former desires to repossess himself of the demised premises, and that the latter is required to quit and remove from the same at a time designated, either at the expiration of the term, if the tenant is in under a lease, or immediately, if the tenancy is at will or by sufferance. The term is also sometimes applied to a written notice given by the tenant to the landlord, to the effect that he intends to quit the demised premises and deliver possession of the same on a day named

+ notice to quit

A written notice given by a landlord to his tenant, stating that the former desires to repossess himself of the demised premises, and that the latter is required to quit and remove from the same at a time designated, either at the expiration of the term, if the tenant is in under a lease, or immediately, if the tenancy is at will or by sufferance

@