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Legal Definitions
Term: constructive notice
1.
A person has constructive notice when they are presumed or deemed to know of a particular state of affairs although they do not have actual notice. Constructive notice is deemed when a person is expected to have made enquiries and failed to do so. A typical example is when a transaction or dealing with property appears on a public register and the person does not inspect the register prior to entering a transaction. In such circumstances, the person deemed to know the contents of the register.
Usage: The purchaser of the trade mark had constructive notice of the secured interest in the trade mark which took priority over the purchase.
Related Words: actual notice; imputed notice; statutory notice; Trade Mark Register.
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Debt Recovery – Debt Recovery: Statutory Demands and Bankruptcy
Trade Marks – Blimey - Was FCUK Lawful?
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