39:. Because both methods of publication are available to the general public (courthouses being open to all members of the general public, and newspapers readily available in public places such as libraries), the person to whom the notice is being issued (even if issued in a generic form, such as "To All Heirs of John Smith, a Resident of Orange County") is considered to have received notice even if they were not actually aware of it.
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allows use of the concept of constructive notice by either the tenant or the landlord. For example, constructive notice could be given to a landlord if a broken and unsupported metal grate on a public sidewalk collapses when stepped on by a pedestrian. The landlord is reasonably expected to know that
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so there was constructive notice. But the bank could not have known about the resolution, as they were not registrable and thus were not a public document. The bond was held valid and there was no requirement to know the company's internal workings.
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in the United States. Since such documents are considered public information and can be accessed by any member of the public, such recordings are considered constructive notice of land conveyances or encumbrances having taken place.
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The articles of the company stated that the directors could only borrow if authorised by a resolution of the company's general meeting, and could not borrow more than the amount specified in the resolution.
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The harshness of the doctrine of constructive notice is somewhat reduced by the "Rule of Indoor management" or "Turquand's Rule". The rule derives its name from the case of
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The doctrine is generally construed with regards to legal notices published, either by posting them at a designated place in a courthouse, or publishing them in a
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should have known, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it.
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of the insolvent
Cameron's Coalbrook Steam, Coal and Swansea and Loughor Railway Company. The company had borrowed from
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The phrase "legal fiction" should not be construed to mean that the concept of constructive notice is legally invalid.
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The people's law dictionary : taking the mystery out of legal language
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78:. The doctrine of indoor management is an exception to this rule.
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Another use of constructive notice is in the recording of
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66:the doctrine of constructive notice is a
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31:Overview
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182:Notes
52:liens
44:deeds
165:ISBN
146:2012
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