NOTICE (Lat. notitin, knowledge, idea, from noseere, to know). Notice in law denotes exist ing knowledge of a fact based upon information communicated by another, which knowledge has the effect of fixing the rights and liabilities of the party giving and the party receiving the information. The term is also sometimes applied to the net of giving the information which con stitutes the notice. Unless otherwise stated, the term will here be used as first defined. Notice may lie either (a) actual or constructive.
Aetna] notice is knowledge of a fact based upon information communicated by either writ ten or spoken language.
Constructive notice is knowledge which may not in fact exist, but which the law may presume to exist upon grounds of policy. as where notice to an agent is deemed to be to the prin cipal, although in fact the information is never communicated to the principal: or where notice of pendency of action affecting real estate is constructive notice of the action to any one dealing with the title to the real estate, whether lie has actual notice of the action or not (see Lis PEAENs) ; or where notice to the purchaser of negotiable paper of facts by which he is `put upon inquiry' as to its validity may be constructive notice of a defense of the maker to any action founded upon the paper, or where one accepting a conveyance containing a refer ence to some other deed is deemed to have con struetive notice of the other deed, although he may never have read it.
The doctrine of notice as a means of fixing rights and liabilities has many applications at common law, the more important of which are Liability of an indorser of negotiable paper, or of a promissory note, or a bill of exchange, is fixed by a notice of dishonor. The notice in order to charge an indorser must be given with due dispatch after dishonor or protest, usually on the day following; it must describe the bill or note and the nature of the dishonor. It may be
oral. although usually in writing, and may be served personally or by mail. If the holder or prior indorser is unable after due diligence to find the indorser or serve him with notice, sity of notice to charge the indorser is dispensed with. See NEGOTIABLE INSTRU.MENTS.
In general any one purchasing property with actual notice of any equitable claims or rights that there may be with respect to the property, or with notice of facts sufficient to put him upon inquiry, takes the property subject to such claims; as, for example. an equitable defense to negotiable paper, or fraud in the contract by which the vendee obtained title to the property, although a purchaser for value without notice would acquire the property free of claims. See Fa.kI;n.
Notice by the landlord is necessary to ter minate the tenancy of a tenant at kill or by sufferance, or of a tenant from year to year. In the latter case the landlord 'oust give notice at least a reasonable length of time before the end of any year of his election to ter minate the lease. This time is now fixed by statute in sonic States. The landlord may, how ever, waive his right acquired by notice given, and continue the tenancy by expressly giving his consent, or by continuing to accept payment of rent.
When a creditor assigns his claim against his debtor without, notice to the debtor, the debtor may pay the assignor and may thus discharge the debt. If, however, the assignee give the debtor notice of the assignment, the debtor is bound to pay the assignee; and if lie pays the assignor, notwithstanding the notice to pay the assignee, he may nevertheless be compelled to pay the amount due to the assignee. See _1ssrGN