CONSTRUCTIVE NOTICE

 The best and most common way of providing information is to publicize it.  The constructive notice gives a chance of the people who are not able to be served personally  to be served by  public publication.  The publication of information in the newspaper is treated as the constructive notice. The constructive notice is referred to as the legal term which simply defines the assumption of knowledge of something that is in the public record.  According to the constructive notice, a person cannot assume the knowledge of the fact since it is the duty of a person to ask more about a fact. The constructive notice was laid down by House of Lords in Ernest v. Nicholas.  It was explained in details by the House of Lords in Mahony v. East Holyford Mining Co case. The constructive notice is also called legal fiction.  A good example of constructive notice is when one acquires a property, one is presumed to the awareness of the legal status of the property as it is available in the public records.  The constructive notice rule is found in memorandum and articles of association and all other documents registered with the registrar of the company.  The doctrine of constructive notice is usually harsh to the outsider who works with the company.  The outsider is not allowed to demand relief reason being that he was not aware of the powers of the company in circumstances like ultra vires.  The doctrine of the constructive notice prevents the business from the outsiders. The doctrine of the constructive notice does not take notice of the realities of the business life.

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