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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - implied notice
You win some, you lose some, and some you just bill by the hour.
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Definition of implied notice
Implied notice is when someone is considered to have knowledge of something, even if they were not directly informed. This can happen in a few ways:
- If someone has actual knowledge of something
- If someone has received information about something
- If someone has reason to know about something
- If someone knows about a related fact
- If someone could have found out about something by checking an official filing or recording
For example, if a landlord records a lease agreement with the county, anyone who looks up the property records would have implied notice of the lease terms. Even if they didn't read the lease itself, they would be considered to have knowledge of it because it was recorded.
Another example would be if a company is in financial trouble and has missed payments to its suppliers. The suppliers would have reason to know about the company's financial problems, even if they were not directly informed, because they have not been paid.
A good lawyer knows the law; a great lawyer knows the judge.
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Simple Definition
The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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