Constructive notice is the legal fiction that signifies that a person or entity should have known, as a reasonable person would have, even if they have no actual knowledge of it. For example if it is not possible to serve notice personally then a summons may be posted on a court house bulletin board or legally advertised in an approved newspaper. The person is considered to have received notice even if they were not aware of it.
The phrase "legal fiction" should not be construed to mean that the concept of Constructive Notice is legally invalid.
In Companies law the doctrine of constructive notice is a doctrine where all persons dealing with a company are deemed (or "construed") to have knowledge of the company's Articles of association and Memorandum of association. The doctrine of indoor management is an exception to this rule.
The New York City Housing Court allows use of the concept of constructive notice by either the tenant or the landlord. For example constructive notice could be given to a landlord if a broken and unsupported metal grate on a public sidewalk which when stepped on by a pedestrian collapses. The landlord is reasonably expected to know that this is a safety hazard.
|This legal term article is a stub. You can help Wikipedia by expanding it.|