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LSDefine

Simple English definitions for legal terms

averment of notice

Read a random definition: sine assensu capituli

A quick definition of averment of notice:

An averment of notice is a statement in a legal document that someone has been properly informed about a fact. Notice is a legal notification required by law or agreement, or imparted by operation of law as a result of some fact. It means that a person has knowledge of a fact or condition because they have received information about it, have reason to know about it, or are considered as having been able to ascertain it by checking an official filing or recording. There are different types of notice, such as actual notice, constructive notice, and inquiry notice.

A more thorough explanation:

Definition: A statement in a legal document that someone else has been properly notified about some fact.

Explanation: Averment of notice is a statement made in a legal document, such as a pleading, that someone has been properly notified about a particular fact. Notice refers to the legal notification required by law or agreement, or imparted by operation of law as a result of some fact. A person has notice of a fact or condition if they have actual knowledge of it, have received information about it, have reason to know about it, know about a related fact, or are considered as having been able to ascertain it by checking an official filing or recording.

Examples:

  • A landlord files a complaint against a tenant for non-payment of rent and includes an averment of notice stating that the tenant was properly notified of the rent due and the consequences of non-payment.
  • A plaintiff files a lawsuit against a defendant and includes an averment of notice stating that the defendant was properly notified of the lawsuit and the allegations against them.

These examples illustrate how an averment of notice is used in legal documents to show that someone has been properly notified about a particular fact or situation. It is important to include an averment of notice to ensure that all parties involved are aware of the situation and have had the opportunity to respond or take appropriate action.

averment | aviation easement

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