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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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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