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The doctrine of Notice: Actual and Constructive Notice


The foundation of the doctrine of notice is knowledge of a fact. Knowledge here is not restricted to absolute certainty but is inclusive of such a belief in the existence of the fact in question as would make a reasonable and prudent man act, in the ordinary affairs of life. This knowledge can either be actually possessed by a person or maybe imputed to him by law. The doctrine of notice necessitates either knowledge of a fact or proof that under the given circumstances, one must have had knowledge of that fact. However, it is pertinent to note that knowledge is not synonymous to notice. There can be a notice without the express knowledge of that fact and there can exist situations where knowledge of the fact does not amount to notice.

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