notice,n.1. Legal notification required by law or agreement, or imparted by operation of law as a result of some fact (such as the recording of an instrument); definite legal cognizance, actual or constructive, of an existing right or title <under the lease, the tenant must give the landlord written notice 30 days before vacating the premises>. • A person has notice of a fact or condition if

that person (1) has actual knowledge of it; (2) has received information about it; (3) has reason to know about it; (4) knows about a related fact; or (5) is considered as having been able to ascertain it by checking an official filing or recording. [Cases: Constitutional Law 251.6, 309; Notice 1. C.J.S. Constitutional Law §§ 968, 1154, 1165–1166, 1168–1169; Notice§§ 2–3, 9.] 2. The condition of being so notified, whether or not actual awareness exists <all prospective buyers were on notice of the judgment lien>. Cf. KNOWLEDGE. 3. A written or printed announcement <the notice of sale was posted on the courthouse bulletin board>. [Cases: Sales 235; Vendor and

Purchaser 225. C.J.S. Sales § 233; Vendor and Purchaser §§ 486–487, 491.]

actual notice.Notice given directly to, or received personally by, a party. — Also termed

express notice.[Cases: Notice 1.5. C.J.S. Notice § 4.] adequate notice.See due notice.

commercial-law notice.Under the UCC, notice of a fact arising either as a result of actual knowledge or notification of the fact, or as a result of circumstances under which a person would have reason to know of the fact. UCC § 1-201(25) (2d ed. 1995). [Cases: Sales 235. C.J.S. Sales

§ 233.]

constructive notice.Notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of, such as a registered deed or a pending lawsuit; notice presumed by law to have been acquired by a person and thus imputed to that person. — Also termed legal notice. [Cases: Notice 4; Vendor and Purchaser 229. C.J.S.

Notice § 7; Vendor and Purchaser § 488.]

direct notice.Actual notice of a fact that is brought directly to a party’s attention. — Also

termed positive notice.

due notice.Sufficient and proper notice that is intended to and likely to reach a particular person or the public; notice that is legally adequate given the particular circumstance. — Also termed adequate notice; legal notice.

express notice.Actual knowledge or notice given to a party directly, not arising from any

inference, duty, or inquiry. See actual notice.[Cases: Notice 2. C.J.S. Notice §§ 4–5.]

fair notice. 1. Sufficient notice apprising a litigant of the opposing party’s claim. 2. The requirement that a pleading adequately apprise the opposing party of a claim. • A pleading must be drafted so that an opposing attorney of reasonable competence would be able to ascertain the nature and basic issues of the controversy and the evidence probably relevant to those issues. 3.FAIR WARNING. [Cases: Federal Civil Procedure 673; Pleading 48. C.J.S. Pleading §§

116–124, 132–133.]

immediate notice. 1. Notice given as soon as possible. 2. More commonly, and esp. on notice

of an insurance claim, notice that is reasonable under the circumstances. [Cases: Insurance


implied notice.Notice that is inferred from facts that a person had a means of knowing and that is thus imputed to that person; actual notice of facts or circumstances that, if properly

followed up, would have led to a knowledge of the particular fact in question. — Also termed indirect notice; presumptive notice. [Cases: Notice 3. C.J.S. Notice § 6.]

imputed notice.Information attributed to a person whose agent, having received actual notice of the information, has a duty to disclose it to that person. • For example, notice of a hearing may be imputed to a witness because it was actually disclosed to that witness’s attorney of record.

[Cases: Principal and Agent 177(1). C.J.S. Agency §§ 433–435, 442–444, 446.] indirect notice.See implied notice.

inquiry notice.Notice attributed to a person when the information would lead an ordinarily prudent person to investigate the matter further; esp., the time at which the victim of an alleged securities fraud became aware of facts that would have prompted a reasonable person to investigate. [Cases: Notice 6; Vendor and Purchaser 229. C.J.S. Notice §§ 12–14; Vendor and

Purchaser § 488.] judicial notice.See JUDICIAL NOTICE. legal notice. 1. See constructive notice. 2. See due notice. notice by publication.See public notice.

personal notice.Oral or written notice, according to the circumstances, given directly to the

affected person.

positive notice.See direct notice. presumptive notice.See implied notice.

public notice.Notice given to the public or persons affected, usu. by publishing in a newspaper of general circulation. • This notice is usu. required, for example, in matters of public concern. — Also termed notice by publication. [Cases: Notice 11. C.J.S. Notice §§ 16, 32.]

reasonable notice.Notice that is fairly to be expected or required under the particular


record notice.Constructive notice of the contents of an instrument, such as a deed or mortgage, that has been properly recorded. [Cases: Vendor and Purchaser 231. C.J.S. Vendor and

Purchaser § 496.] short notice.Notice that is inadequate or not timely under the circumstances.

4.Intellectual property. A formal sign attached to an item that embodies or reproduces an intellectual-property right. • Notice of patent is made by placing the word “patent” (or its abbreviation, “pat.”) and the item’s patent number on an item made by a patentee or licensee. There are three statutory notice forms for U.S. trademark and servicemark registration. The most common is the symbol with the letter R (®) but “Reg. U.S. Pat. & Tm. Off.” or “Registered in U.S. Patent and Trademark Office” affords the same legal protection. A copyright notice also takes several forms. The first part may be the symbol with the letter C in a circle (©), or the word “Copr.” or “Copyright.” It must be followed by the copyright owner’s name and the year that the

work was first published. Informal signs, such as “Brand,” “TM,” “Trademark,” “SM,” and “Service Mark,” adjacent to words or other symbols considered to be protectable marks are not legal notices of exclusive rights. 5.Parliamentary law. A meeting’s published call. See call of a meeting under CALL(1).6.Parliamentary law. A formal statement that certain business may come before a meeting, usu. made at an earlier meeting or published with the call of the meeting that will consider the business, and made as a prerequisite to the business’s consideration. See call of a meeting under CALL(1). — Also termed previous notice.

notice,vb.1. To give legal notice to or of <the plaintiff’s lawyer noticed depositions of all the experts that the defendant listed>.2. To realize or give attention to <the lawyer noticed that the witness was leaving>.

[Blacks Law 8th]