When we talk about civil law cases between two parties, it is important that whatever action or lawsuit will be filed to the other party, they must receive a formal notice. It is for them to know that there has been a lawsuit that was filed against them.
But we can not deny the fact that there are people, especially those who are guilty will try to avoid the legal action notice. That’s where the constructive notice is necessary. Even if that person, who is intended to receive the legal action will be out of town or simply out of reach, he or she is still expected to have knowledge about the action.
The law defines the constructive notice as a legal fiction that gives a person or an entity a knowledge of a notice in word even if that particular notice did not exist or it was not personally delivered to that person or entity. The law also stated that a public notice placed on the bulletin board of the courthouse can be a replacement for an actual notice.
For example, the court may allow the notice of a lawsuit to a person to be placed on any publication in the newspaper, especially if that person is trying to avoid that legal notice. The act of putting the notice in the approve newspaper to summon the person is considered to be a legal notice to perform and is treated as a constructive notice.
One of the ways for the court of law to provide a notice or information is to publicize it. That court of law presumes that the individual or group of individuals who are the receiver of the sample notice are expected to have seen it. This is because it is difficult to see how the other party could not know about the notice or the action.
The actual notice and the constructive notice are the two ways to deliver the information regarding of filing a lawsuit to the other party. However, there is a difference between the two.
The doctrine of constructive two week’s notice defines that a person who has a connection to the company is presumed to have read the company’s documents and public records and presumed to have understood them in the perspective of that particular person.
The doctrine of constructive notice in pdf has a theory called the indoor management where it protects the company from the outsiders and the other doctrine also serve to protect the outsider from the company.