Legal Definitions - express notice

Express notice refers to information that is communicated directly and explicitly to a person, either in writing or verbally. When someone receives express notice, they are considered to have specific, undeniable knowledge of the fact or situation being communicated. This direct communication ensures that the recipient cannot credibly claim ignorance of the information.

Here are some examples:

• Imagine a software company that decides to increase the monthly subscription fee for its services. The company sends a personalized email to all its existing subscribers, clearly stating the new price, the effective date, and the reasons for the change.

  This email serves as express notice because the information about the price increase is directly communicated in writing to each subscriber. Upon receiving and opening the email, subscribers have specific knowledge of the upcoming change and cannot later claim they were unaware of the new pricing.

• Consider a manager who gathers their team for a mandatory meeting and verbally announces a new company policy regarding the use of personal mobile devices during work hours, detailing the specific rules and consequences for non-compliance.

  This verbal announcement constitutes express notice to all employees present at the meeting. By directly informing them, the manager ensures that the employees have specific knowledge of the new policy and are expected to adhere to it, preventing claims of ignorance.

• Suppose a car manufacturer discovers a safety defect in a particular model and initiates a recall. The manufacturer sends a certified letter to every registered owner of the affected vehicles, clearly explaining the defect, the potential risks, and the steps to take for repair at no cost.

  This certified letter provides express notice to the vehicle owners. The direct, written communication ensures that owners are specifically informed about the safety recall and the necessary actions, making it difficult for them to later argue they were never told about the defect or the recall procedure.