Notice
judicial knowledge
NOTICE. The primary meaning of notice is knowledge (notitia), as in "judicial notice ;" thence it comes to signify the means of bringing to knowledge, as in "notice to quit;" at last it may be used even for the actual writing by which notice is given. The most important legal uses of the word are judicial notice and the equitable doctrine of notice. Judicial notice is the recognition by courts of justice of certain facts or events without proof. Thus in England the courts take judicial notice of the existence of states and sovereigns recognized by the sovereign of England, of the dates of the calendar, the date and place of the sittings of the legislature, &c. The equitable doctrine of notice, so called because it was a doctrine formerly peculiar to the courts of equity, is that a person who purchases an estate, although for valuable consideration, after notice of a prior equitable right, will not be enabled by getting in the legal estate to defeat that right. On the other hand, a purchaser for valuable consideration without notice of an adverse title is as a rule protected in his enjoyment of the property. Other common uses of the word are notice to quit, notice of dishonour, notice of action (generally necessary in case of a breach of duty created by statute), notice of trial, notice in lieu of service of a writ (where the defendant is a foreigner out of the jurisdiction), notice to produce, &c. Notice may be either express or constructive. The latter is where knowledge of a fact is presumed from the circumstances of the case, e.g., notice to a solicitor is usually constructive notice to the client. Notice may be either oral or written. It is usually advisable to give written notice even where oral evidence is sufficient in law, as in the case of notice to quit. The American use of notice is practically the same as in England.

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