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Simple English definitions for legal terms

commercial-law notice

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A quick definition of commercial-law notice:

A commercial-law notice is a legal notification that is required by law or agreement, or imparted by operation of law as a result of some fact. It is a way of giving someone definite legal cognizance, actual or constructive, of an existing right or title. A person has notice of a fact or condition if that person has actual knowledge of it, has received information about it, has reason to know about it, knows about a related fact, or is considered as having been able to ascertain it by checking an official filing or recording. Under the UCC, notice of a fact arises either as a result of actual knowledge or notification of the fact, or as a result of circumstances under which a person would have reason to know of the fact.

A more thorough explanation:

A commercial-law notice is a legal notification required by law or agreement, or imparted by operation of law as a result of some fact. It is a definite legal cognizance, actual or constructive, of an existing right or title. A person has notice of a fact or condition if that person:

  1. has actual knowledge of it;
  2. has received information about it;
  3. has reason to know about it;
  4. knows about a related fact; or
  5. is considered as having been able to ascertain it by checking an official filing or recording.

For example, if a tenant must give the landlord written notice 30 days before vacating the premises, the tenant has a legal obligation to provide notice to the landlord. If the tenant fails to provide notice, the landlord may take legal action against the tenant.

Under the UCC, notice of a fact arising either as a result of actual knowledge or notification of the fact, or as a result of circumstances under which a person would have reason to know of the fact. This means that if a person has reason to know about a fact, they are considered to have notice of that fact. For example, if a person sees a "no trespassing" sign on a property, they have reason to know that they are not allowed to enter the property.

Other types of notices include:

  • Actual notice: Notice given directly to, or received personally by, a party.
  • Constructive notice: Notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of.
  • Implied notice: Notice that is inferred from facts that a person had a means of knowing and that is thus imputed to that person.
  • Judicial notice: Notice taken by a court of a fact that is not subject to reasonable dispute because it is generally known or can be accurately and readily determined from sources that are available to the public.

For example, if a person purchases a property with a recorded deed, they have constructive notice of the contents of the deed. This means that they are legally considered to have notice of the rights and restrictions associated with the property.

In intellectual property law, a formal sign attached to an item that embodies or reproduces an intellectual-property right is also considered a notice. For example, a patent holder may place the word "patent" and the item's patent number on the item to provide notice of the patent. A copyright notice may take several forms, such as the symbol with the letter C in a circle or the word "Copyright," followed by the copyright owner's name and the year that the work was first published.

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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