The legal doctrine of constructive notice attributes notice of something to a person even though an actual notice does not exist, according to USLegal.com. One example of constructive notice involves using a newspaper to announce a legal decision when one party in the case is unable to be served with a judgment. Constructive notice can also be used when a person flees a state to avoid notice of proceedings.Know More
In Great Britain, documents and evidence compiled in legal cases are kept by a central registrar. Law Teacher explains anyone can view documents stored with the Registrar of Companies for a small fee. These documents are therefore considered public knowledge and provide constructive notice to any parties involved in a legal action. British law presumes a person entering a contract with a company has researched the company's background by perusing these compiled documents, and therefore the doctrine of constructive notice applies.
The crux of constructive notice involves public notice, according to About.com. Newspapers, public records of property, legal documents available to interested parties and registered trademarks are all entities that may satisfy this doctrine. When public records are available to anyone, people are assumed to have knowledge of the facts contained in those records and are precluded from denying knowledge of a legal fact due to ignorance or lack of normal inquiry.Learn more about Law
The legal doctrine of "respondeat superior" is a concept in tort law when a court system holds an employer legally responsible for the acts of an employee if negligence occurs within the scope of the employee's work, according to Cornell University's Legal Information Institute. A 2002 article in the Southern Medical Journal reveals that a health care provider may be held negligent, rather than a doctor, in some circumstances.Full Answer >
In American history, the doctrine of nullification supports states' rights to nullify federal laws that states deem to be unconstitutional, according to Pearson Education. This theory was promulgated by Thomas Jefferson and James Madison in the late 1790s. The nullification crisis of the 1820s revolved around South Carolina's objection to federal tariffs on English textiles, because the state felt the tariffs benefited industrial states in the North.Full Answer >
According to the Legal Information Institute of Cornell University Law School, a written notice that the family member's tenancy is ending must be served to evict him or her. If the family member does not move after receiving the notice, a lawsuit may be able to be filed against the person for unlawful tenancy.Full Answer >
According to LawHelp.org, an eviction notice in North Carolina is called a notice to vacate. North Carolina state law requires landlords to follow any eviction terms written into a lease. In the absence of eviction terms in the lease agreement, landlords must adhere to state statutes requiring notice times.Full Answer >