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The use of a constructive notice
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[QUOTE="Jasz, post: 250772, member: 61772"] A constructive notice is a type of notice that does not give the recipient actual notice, but rather gives them notice based on their actions. Constructive Notice: Definition and Examples A constructive notice is a type of notice that does not give the recipient actual notice, but rather gives them notice based on their actions. For example, if you have a neighbor with an unruly dog who barks loudly at all hours of the day and night, you may be able to prove constructive notice if you contact your landlord about it. If he fails to take action within a reasonable period of time, then you can treat him as having constructive knowledge of the problem. This means that in order to avoid liability for any injuries sustained by your neighbor's dog biting or injuring someone in your apartment complex, he must prove that he was not negligent in failing to act upon this knowledge. Constructive Notice: Examples In general, there are three ways one can have constructive knowledge: 1. The law has required them to know something because they were on "constructive" notice; 2. They had actual knowledge but purposefully ignored it; 3. They should have known based on circumstances surrounding their situation; or there were facts so obvious that any reasonable person would get to know. [/QUOTE]
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