Legal Definitions - averment of notice

An averment of notice refers to a formal statement made in a legal document, such as a complaint or a response, asserting that a specific person or entity was properly informed or made aware of a particular fact, event, or legal action.

Essentially, it's a declaration within court papers that all necessary steps were taken to provide someone with required information or warning.

Here are some examples to illustrate this concept:

• Example 1: Landlord-Tenant Dispute

  Imagine a landlord is suing a tenant for unpaid rent and to regain possession of an apartment. In the lawsuit documents filed with the court, the landlord would include an averment of notice stating that they properly delivered a "Notice to Quit" (a formal eviction notice) to the tenant on a specific date, giving the tenant the legally required amount of time to vacate or pay the overdue rent. This statement formally asserts to the court that the tenant was duly informed of the landlord's intent to terminate the tenancy and seek eviction.

• Example 2: Business Contract Breach

  Consider two companies, "Tech Solutions Inc." and "Global Gadgets Corp.," that have a contract for software development. If Tech Solutions Inc. believes Global Gadgets Corp. breached the contract by failing to deliver a component on time, Tech Solutions Inc. might send a formal letter notifying Global Gadgets Corp. of the breach and demanding a remedy. If Tech Solutions Inc. later files a lawsuit, their legal complaint would contain an averment of notice, stating that Global Gadgets Corp. was formally notified of the alleged breach of contract on a specific date, as required by the terms of their agreement, before the lawsuit was initiated. This shows the court that proper communication occurred.

• Example 3: Personal Injury Lawsuit

  Suppose a person, Ms. Chen, is suing a construction company for injuries she sustained due to unsafe conditions at a construction site. Before filing the lawsuit, her attorney might have sent a formal letter to the construction company, notifying them of Ms. Chen's intent to pursue a claim and detailing the incident. When Ms. Chen's attorney drafts the complaint to file with the court, it would include an averment of notice, stating that the construction company was formally apprised of the incident and Ms. Chen's claim on a particular date. This demonstrates that the defendant was given prior warning of the impending legal action, often a prerequisite in certain types of cases.