NOTICE. Information; the result of observation, whether by the senses or the mind; knowledge of the existence of a fact or state of affairs; the means of knowledge.
Knowledge of facts which would naturally lead an honest and prudent person to make inquiry constitutes “notice” of everything which such inquiry pursued in good faith would disclose.
In another sense, “notice” means information, an advice, or written warning, in more or less formal shape, intended to apprise a person of some proceeding in which his interests
are involved, or informing him of some fact which it is his right to know.
The long version is given below of the numerous types of notice but from above it is clearly the passing of information where someone has an interest by another party with an interest in the same matter.
First Notice – Fault, Opportunity to Cure
Second Notice – Default, Opportunity to Cure
Third Notice – Judgement, Opportunity to Cure
NOI
SOI
- Notice is either
- (1) statutory, e. made so by legislative enactment;
- (2) actual, which brings the knowledge of a fact directly home to the party; or
- (3) constructive. Constructive notice may be subdivided into :
- (a) Where there exists actual notice of matter, to which equity has added constructive notice of facts, which an inquiry after such matter would have elicited; and
- (b) where there has been a designed abstinence from inquiry for the very purpose of escaping notice.
- Actual notice has been defined as notice expressly and actually given, and brought home to the party directly.
- The term “actual notice,” however, is generally given a wider meaning as embracing two classes, express and implied;
- the former includes all knowledge of a degree above that which depends upon collateral inference, or which imposes upon the party the further duty of inquiry;
- the latter imputes knowledge to the party because he is shown to be conscious of having the means of knowledge. In this sense actual notice is such notice as is positively proved to have been given to a party directly and personally, or such as he is presumed to have received personally because the evidence within his knowledge was sufficient to put him upon inquiry.
- The term “actual notice,” however, is generally given a wider meaning as embracing two classes, express and implied;
- Constructive notice is information or knowledge of a fact imputed by law to a person, (although he may not actually have it), because he could have discovered the fact by proper diligence, and his situation was such as to cast upon him the duty of inquiring into it.
- Notice is also further classified as express or implied.
- Express notice embraces not only knowledge, but also that which is communicated by direct information, either written or oral, from those who are cognizant of the fact communicated.
- Implied notice is one of the varieties of actual notice (not constructive) and is distinguished from “express” actual notice. It is notice inferred or imputed to a party by reason of his knowledge of facts or circumstances collateral to the main fact, of such a character as to put him upon inquiry, and which, if the inquiry were followed up with due diligence, would lead him definitely to the knowledge of the main fact.
- “Constructive notice” is a presumption of law, making it impossible for one to deny the matter concerning which notice is given, while
- “implied notice” is a presumption of fact, relating to what one can learn by reasonable inquiry, and arises from actual notice of circumstances, and not from constructive notice. Or as otherwise defined, implied notice may be said to exist where the fact in question lies open to the knowledge of the party, so that the exercise of reasonable observation and watchfulness would not fail to apprise him of it, although no one has told him of it in so many
- PUBLIC, n. The whole body politic, or the aggregate of the citizens of a state, district, or municipality.
- The inhabitants of a state, county, or community.
- In one sense, everybody; and accordingly the body of the people at large; the community at large, without reference to the geographical limits of any corporation like a city, town, or county; the people.
- In another sense the word does not mean all the people, nor most of the people, nor very many of the people of a place, but so many of them as contra-distinguishes them from a few. Accordingly, it has been defined or employed as meaning the inhabitants of a particular place; all the inhabitants of a particular place; the people of the neighborhood.
- PUBLIC, adj. Pertaining to a state, nation, or whole community; proceeding from, relating to, or affecting the whole body of people or an entire community. Open to all; notorious. Common to all or many; general; open to common use. Belonging to the
people at large; relating to or affecting the whole people of a state, nation, or community; not limited or restricted to any particular class of the community. - PUBLIC LAW. That branch or department of law which is concerned with the state in its political or sovereign capacity, including constitutional and administrative law, and with the definition, regulation, and enforcement of rights in cases where the state is regarded as the subject of the right or object of the duty,—including criminal law and criminal procedure,—and the law of the state, considered in its quasi private personality, i.e., as capable of holding or exercising rights, or acquiring and dealing with property, in the character of an individual.
- That portion of law which is concerned with political conditions; that is to say, with the powers, rights, duties, capacities, and incapacities which are peculiar to political superiors, supreme and subordinate.
- In one sense, a designation given to international law, as distinguished from the laws of a particular nation or state. In another sense, a law or statute that applies to the
people generally of the nation or state adopting or enacting it, is denominated a public law, as contradistinguished from a private law, affecting only an individual or a small number of persons. - Blacks Law Dictionary 4th Edition
