Actual Notice Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Actual Notice, written in plain English, along with examples of how it is used.

What is Actual Notice?

n. an intimation which has been expressly given by which knowledge of a fact hos been brought home to a party directly ; it is opposed to constructive notice. Receiving a notice requires a person to acknowledge the receipt.

History and Meaning of Actual Notice

Actual notice is a legal term used to define an explicit communication of information that has been brought to the knowledge of a particular party. In simple words, it refers to a clear message that has been personally delivered to an individual or organization, which makes them aware of a specific fact. Actual notice differs from the concept of constructive notice, which implies that even if someone wasn't informed directly, they still should have been aware of the information. Actual notice plays a crucial role in various legal procedures such as lawsuits, property disputes, etc.

Examples of Actual Notice

  • A landlord requires a former tenant to pay for damages caused to the property. To do so, they sent a written letter detailing the charges to the tenant's new address.
  • An employee informs their boss that they will resign from their position via email or in person.
  • A lawyer serves a summons to a defendant in a lawsuit, clearly explaining the time and place of the hearing.
  • A property owner informs their tenants of a rent increase through a notice posted on their door.

Legal Terms Similar to Actual Notice

  • Constructive Notice: The concept of constructive notice means that a person or entity should have had knowledge of something, even if they weren't explicitly informed. This can apply to various legal situations, such as property disputes.
  • Implied Notice: Implied notice refers to information provided in an indirect or implicit manner, which a reasonable individual might perceive, as in a person's actions implying intent or awareness.
  • Actual Knowledge: This term refers to knowledge or consciousness of specific facts, which may be spoken or unspoken.
  • Express Notice: Express notice refers to a situation when a party is given a clear, specific, and direct communication of information.