actual notice

Actual notice (also known as express notice) take place when knowledge of an event or state of affairs is given to another person in plain word, either orally in writing. Most commercial contracts require notice to be given in writing, as opposed to orally, to give rise to a record that notice of the relevant event has been given to the other. Actual or express notice is important in other contexts such as the existence of defects in good supplied or in respect to services and in the acquisition of real property.

Where actual notice has not been received, it may be that relevant knowledge has been received by the person by constructive notice or by imputed notice.

Actual notice can be relevant to displacing allegations of fraudulent misrepresentation, negligent misrepresentation, breach of warranties, conditions of contract, in sales of real property, intellectual property rights or any other property.