Actual notice

Actual notice is a law term, used most frequently in civil procedure. It is notice (usually to a defendant in a civil proceeding) delivered in such a way as to give legally sufficient assurance that actual knowledge of the matter has been conveyed to the recipient. [ [http://dictionary.law.com/default2.asp?selected=2320 Law.com Dictionary] ] Personal service, that is, physically handing something to an individual, is usually considered the least-disputable method of giving actual notice.

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 service by publication (as in a newspaper).

References


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Look at other dictionaries:

  • actual notice — see notice Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. actual notice …   Law dictionary

  • actual notice — Express information of a fact, as well as circumstances from which an inference of notice is clearly justified. 39 Am J1st Notice § 4. However closely actual notice may in many instances approximate knowledge, there may be actual notice without… …   Ballentine's law dictionary

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

  • actual notice in the second degree — An overly refined expression for implied or constructive notice. Texas Co. v Aycock, 190 Tenn 16, 227 SW2d 41, 17 ALR2d 322 …   Ballentine's law dictionary

  • implied actual notice — See implied notice …   Ballentine's law 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

  • actual — ac·tu·al adj: existing in fact or reality compare constructive ac·tual·ly adv Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • notice, legal — n. Notice that the law requires to be given, such as by advertising in a newspaper; also, notice implied by law such as actual notice or constructive notice. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy… …   Law dictionary

  • notice in person — Actual notice. Travelers Ins. Co. v Farmers Mut. Fire Ins. Asso. 211 Iowa 1051, 233 NW 153. See personal notice …   Ballentine's law dictionary

  • 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 …   Black's law dictionary

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