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krishnamurthy (teacher)     27 June 2021

constructive notice

sir define the meaning of constructive notice and explain the legal validity of such notice.


Learning

 2 Replies

Nirali Nayak   30 June 2021

Hello sir, greetings of the day.
As per your query, I am explaining you constructive notice and its legal validity.
A Constructive notice is defined as “the knowledge of a fact or facts which the law imputes to a person and in respect to which all the questions of actual knowledge thereof are excluded”. The Indian Contract Act defines it as “a person is deemed to have actual knowledge of the fact if she willingly abstains from acquiring the knowledge or is grossly negligent.” Broadly speaking, having constructive notice of something means that even if there is no actual knowledge of the facts, it is determined by law in such a way as if knowledge is there. The knowledge of facts is deemed by the law which may or may not be actually present. So, there is no reliance on actual evidence or proof of whether there was real knowledge or not and this makes this doctrine contrary to the doctrine of evidence. Thus the party is held accountable even if it is evident that they did not have actual knowledge. Constructive notice is also known as legal fiction as the courts prepare the interested parties to have knowledge which they may not actually have. It is legally valid. Under this law, each party to a legal action are given notice of the action with copies of documents filed with the court. It is considered as an idea in a legal world about which a person is informed by the public posting of a pending legal action. This notice works as information that is given legally or normally to a person or group of persons to certain information or notice which is given legally asks by the court to a person notifying. 
Hope this helps.
Regards
Nirali Nayak
Law Student

krishnamurthy (teacher)     03 July 2021

thank u for reply

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