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Constructive
Although the general English usage of the adjective constructive is "helping to develop or improve something; helpful to someone, instead of upsetting and negative," as in the phrase "constructive criticism," in legal writing ''constructive'' has a different meaning. Description In its usage in law, ''constructive'' means what the law considers something to be, irrespective of the intentions of the relevant actor and irrespective of actual facts. It has also been defined in these terms: "That which exists, not in fact, but as a result of the operation of law. That which takes on a character as a consequence of the way it is treated by a rule or policy of law, as opposed to its actual character." For example: * "Constructive notice" refers to a judicial presumption that a person knows of some fact, because certain acts such as registration with a public agency have occurred, even though the person is actually ignorant of the fact. * "Constructive knowledge" is knowledge that cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Notice
Constructive notice is the legal fictionThe phrase "legal fiction" should not be construed to mean that the concept of constructive notice is legally invalid. that signifies that a person or entity should have known, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it. Overview The doctrine is generally construed with regards to legal notices published, either by posting them at a designated place in a courthouse, or publishing them in a newspaper designated for legal notices. Because both methods of publication are available to the general public (courthouses being open to all members of the general public, and newspapers readily available in public places such as libraries), the person to whom the notice is being issued (even if issued in a generic form, such as "To All Heirs of John Smith, a Resident of Orange County") is considered to have received notice even if they were not actually aware of it. Another use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Eviction
Constructive eviction is a term used in the law of real property to describe when a landlord sidesteps the formal, legal eviction process, and instead attempts to force the eviction of the tenant by rendering the property uninhabitable (e.g. changing the locks, or deliberately cutting off the heat/water supply to the property). A tenant who is constructively evicted may terminate the lease and seek damages. Three conditions must be met for a circumstance to qualify as constructive eviction: *A landlord must substantially interfere with a tenant's use and enjoyment of a rental property through either his actions, or his inaction regarding problems. *A landlord fails to respond or resolve any problems that the tenant has reported to the landlord. *The tenant leaves the premises within a reasonable amount of time after a landlord's failure to resolve a problem. A tenant who suffers from a constructive eviction can claim all of the legal remedies available to a tenant who was actually ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Knowledge (legal Construct)
In law, knowledge is one of the degrees of ''mens rea'' that constitute part of a crime. For example, in English law, the offense of knowingly being a passenger in a vehicle taken without consent (TWOC) requires that the prosecution prove not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, but also that the defendant knew that it was taken without consent. Under the principle of ''ignorantia juris non excusat'', ignorance of or mistake about the law is no defense. The ''mens rea'' of knowledge refers to knowledge about certain facts. It is "a positive belief that a state of affairs exists". Knowledge can be actual, constructive, or imputed. Actual knowledge A defendant does not have ''actual knowledge'' if they believe something to the contrary. The standard is subjective and the belief of the defendant need not be reasonable, only honest.Herring (2004) ''p.''171 For example, in '' R v. Williams'' the defendant intervened ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Fraud
Constructive fraud is a legal fiction describing a situation where a person or entity gained an unfair advantage over another by deceitful or unfair methods. Intent does not need to be shown as in the case of actual fraud. Some unfair methods may include not telling customers about defects in a product. The elements are: * a duty owing by the party to be charged to the complaining party due to their relationship;A fiduciary A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exampl ... duty is one such dutSees v Bank One footnote 8, page 3 * violation of that duty by the making of deceptive material misrepresentations of past or existing facts or remaining silent when a duty to speak exists; * reliance thereon by the complaining party; * injury to the complaining party as a proximate result ther ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |