Legal Definitions - positive notice

Positive notice, also known as direct notice, refers to the explicit and unambiguous communication of a fact, situation, or legal requirement to an individual or entity. It means that the person or entity has actually received and is aware of the information, typically through a direct method such as a written document, an email, or an in-person statement. This type of notice leaves no room for doubt or inference regarding whether the information was conveyed, establishing that the recipient has actual knowledge.

• Example 1 (Contractual Obligation): A bank sends a certified letter to a customer, informing them that their loan agreement terms will change on a specific date, detailing the new interest rate and payment schedule. The letter requires a signature upon delivery.

  Explanation: The certified letter requiring a signature serves as positive notice because it provides clear, written information directly to the customer, and the signature confirms receipt. This establishes that the customer has actual knowledge of the upcoming changes to their loan terms, making it difficult for them to later claim ignorance.

• Example 2 (Workplace Policy): An employer conducts a mandatory training session for all employees, during which they distribute a new workplace safety manual and require each employee to sign a form acknowledging that they have read, understood, and received a copy of the updated policies.

  Explanation: By distributing the manual in a mandatory session and requiring a signed acknowledgment, the employer provides positive notice. Employees are directly informed of the new safety policies, and their signatures confirm their receipt and understanding, preventing any claim that they were unaware of the rules.

• Example 3 (Legal Proceedings): A court issues a summons and complaint to a defendant in a lawsuit, which is personally delivered by a process server. The process server hands the documents directly to the defendant and files an affidavit with the court confirming the date and time of delivery.

  Explanation: The personal delivery of the summons and complaint by a process server constitutes positive notice. This method ensures the defendant directly receives the legal documents, informing them of the lawsuit against them. The affidavit of service provides proof to the court that the defendant has actual knowledge of the legal action.