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Simple English definitions for legal terms
implied notice
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A quick definition of implied notice:
Implied notice is when someone should have known something because of the circumstances, even if they weren't directly told. For example, if a sign says "no parking," you have implied notice that you can't park there, even if no one specifically told you. There are different types of notice, like actual notice (when someone tells you directly), constructive notice (when you should have known because of public records or other information), and inquiry notice (when you should have investigated further because of something you heard or saw). It's important to pay attention to notice so you don't accidentally break the law or miss important information.A more thorough explanation:
Implied notice is when someone is considered to have knowledge of something, even if they were not directly informed. This can happen in a few ways:
- If someone has actual knowledge of something
- If someone has received information about something
- If someone has reason to know about something
- If someone knows about a related fact
- If someone could have found out about something by checking an official filing or recording
For example, if a landlord records a lease agreement with the county, anyone who looks up the property records would have implied notice of the lease terms. Even if they didn't read the lease itself, they would be considered to have knowledge of it because it was recorded.
Another example would be if a company is in financial trouble and has missed payments to its suppliers. The suppliers would have reason to know about the company's financial problems, even if they were not directly informed, because they have not been paid.