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LSDefine

Simple English definitions for legal terms

constructive

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A quick definition of constructive:

Term: Constructive

Definition: Constructive means that even if something is not technically true, it is legally declared to be true. This is done to make sure that the law is not easily avoided or ignored. For example, if a landlord makes living conditions so bad that a tenant has no choice but to leave, it is considered a constructive eviction. This is treated the same as a real eviction, and the tenant has the same rights and protections.

A more thorough explanation:

Definition: Constructive means something is legally declared, even if not technically true in a given case. Lawmakers and judges can decide to make things constructively true so that the intent of the laws cannot be easily thwarted by a loophole or lack of personal responsibility.

For example, constructive eviction occurs when a landlord does not go through the process of actually evicting a tenant, but instead creates living conditions so poor that a reasonable person would have no choice but to leave the premises. If something is constructive, it is treated as if it were true in the eyes of the court. A constructive eviction, for example, is treated the same as if a tenant was truly evicted and that tenant is entitled to the same protections and remedies.

Another example of constructive is constructive notice. This means that even if someone did not actually receive notice of something, they are still considered to have knowledge of it because they should have known about it. For instance, if a property owner puts up a "no trespassing" sign on their land, but someone enters the land without seeing the sign, they can still be held liable for trespassing because they should have known that the land was off-limits.

The examples illustrate the definition of constructive by showing how something can be legally treated as true even if it is not technically true. In both cases, constructive measures are put in place to ensure that the intent of the law is upheld and that people cannot use loopholes or lack of personal responsibility to avoid consequences.

construction lien | constructive contract

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