Simple English definitions for legal terms
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Due notice is a legal notification that is required by law or agreement. It is a way of letting someone know about a fact or condition that they need to be aware of. There are different types of notice, such as actual notice, constructive notice, and implied notice. The purpose of due notice is to ensure that everyone involved has the information they need to make informed decisions and take appropriate action.
Definition: Due 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 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.
Examples: If you are renting a house and want to move out, you must give your landlord written notice 30 days before vacating the premises. This is an example of due notice because it is legally required by the lease agreement. Another example is when a judgment lien is posted on a property, all prospective buyers are on notice of it. This means that they are legally presumed to have knowledge of the lien and its implications.
Explanation: Due notice is a legal requirement that ensures that all parties involved have knowledge of their rights and obligations. It can be given in various forms, such as written or printed announcements, direct or indirect notice, constructive notice, or notice by publication. The examples illustrate how due notice works in different situations. In the first example, the tenant must give written notice to the landlord to avoid any legal disputes or penalties. In the second example, the prospective buyers are presumed to have knowledge of the judgment lien because it was posted publicly. This means that they cannot claim ignorance of the lien and must take it into account when making their decision.