constructive knowledge


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constructive knowledge,

n information and understanding derived from circumstances.
References in periodicals archive ?
Importantly, the duty to make reasonable adjustments is only triggered where the employer has actual or constructive knowledge of an employee's disability.
Nothing in the Complaint suggests any particularized basis to infer that a majority of the Board had actual or constructive knowledge of the alleged misconduct, let alone that they acted improperly," she wrote.
The court distinguished constructive knowledge, which is not sufficient under New York law, from actual knowledge, which requires allegations from which a plausible inference can be drawn that defendants knew they were aiding the primary fraud.
But, even in cases where the owner was not aware of the actual snow and ice condition that caused the injury, courts may hold the owner responsible if it can be shown that the owner had constructive knowledge of the condition that caused the injury.
Co held that "an insurance company is bound by all acts, contracts, or representations of its agent, whether general or special, which are within the scope of his real or apparent authority, notwithstanding they are in violation of private instructions or limitations upon his authority, of which the person dealing with him, acting in good faith, has neither actual nor constructive knowledge.
THE National Council of Educational Research and Training ( NCERT) feels students should gain more of constructive knowledge than learn the definitions given in textbooks.
District Court for the Southern District of New York granted summary judgment for the defendant on the grounds that proper avenues for complaint were in place within the court, that Jakubek didn't have actual or constructive knowledge of the harassment, and that his response was reasonable based on what he knew.
However, the courts are taking a hard line in establishing the date of constructive knowledge, that is, when the claimant ought to have known (if the claimant did not have actual knowledge of the negligence).
The safe harbor procedures had to be followed by employers to avoid finding of constructive knowledge that the employee was illegal and being exposed to violations.
The court's holding as to conventional subrogation was clear: Because Daniel could not prove that there was an agreement to keep the first lien security alive (largely due to his constructive knowledge of the existence of the Boley lien and his failure to reference the Boley lien in his recorded cancellation), he could not recover under a theory of conventional subrogation.
If a company hires contract workers, it is subject to the same liability for actual or constructive knowledge that the workers are unauthorized, as is applied in the case of hiring direct employees.
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