Also known as: actual knowledge · constructive knowledge · imputed knowledge · legal notice
Written by attorneys · grounded in primary & secondary sources — see below
A standard of awareness under which a person is charged with information either personally possessed or that a reasonable inquiry would have revealed.
Judge Harlan served as a university trustee while presiding over a contract dispute between the university and Atlas Ventures. Harlan did not personally review the trustee roster before trial. After judgment, Atlas discovered the overlap and moved to vacate. The court applied an objective test and vacated the judgment because a reasonable inquiry would have disclosed the conflict.
Anika Anand sailed on a cruise booked by her coworker. The coworker received the ticket containing a liability limitation but never showed it to Anika. When Anika later sued for injury, the court charged her with the ticket terms because the coworker's possession supplied constructive knowledge.
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Avalon Pharmaceuticals distributed a drug later linked to heart damage. Internal memos showed scientists had flagged the risk months earlier. When patients sued, the company could not claim ignorance because the scientists' reports gave it actual or constructive knowledge of the danger.
A consumer magazine published a critical article about Apollo Energy's product testing. Apollo claimed the statements were knowingly false. The court required Apollo to show the magazine possessed actual or constructive knowledge of falsity at publication because the First Amendment demands that level of proof.
A patient told his therapist of specific threats against Anita Ali. The therapist took no steps to alert Ali or authorities. After the patient attacked Ali, the court held the therapist liable because the disclosed threats supplied actual or constructive knowledge of foreseeable harm.
Prosecutor Aaron Adams presented testimony later shown to be perjured. Adams had not personally verified the witness's background. When the defendant sued for misconduct, the court granted immunity because Adams lacked actual or constructive knowledge of the perjury at the time of trial.
Actual knowledge requires personal awareness of a fact. Constructive knowledge imputes awareness when a reasonable person in the same position would have discovered the fact through ordinary diligence. Courts combine the two under the single phrase to impose an objective standard.
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The plaintiff must show the defendant either knew of the dangerous condition or should have known of it through reasonable inspection. Proof that the defendant lacked both actual and constructive knowledge defeats the claim even if the condition was hazardous.
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No. The statute applies an objective test. A judge is charged with constructive knowledge of facts that a reasonable inquiry would have revealed, so post-judgment discovery of a disqualifying interest can still require vacatur when the violation is not harmless.
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…after respondent purchased his car). Florida requires dealers to disclose paint repair costing more than $100 of which they have actual knowledge. Fla. Stat. § 320.27(9)(n) (1992). Oregon requires manufacturers to disclose all "postmanufacturing" damage and repairs. It is unclear whether this mandate would apply to repairs such as…