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notice


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N.

1 Knowledge of a fact. A person is said to have actual notice of anything that he actually knows; constructive notice of anything that he ought reasonably to know (for example, any fact that he would have discovered if he had made any inquiry that a reasonable person would have made); and imputed notice of anything of which any agent of his has actual or constructive notice.

2 (in employment law) Formal notification, given by either of the parties to a contract of employment, that the contract is to be terminated after a specified period. The period of notice to which each party is entitled is governed by the contract, subject to statutory minimum periods if the employee has been continuously employed in the business (see continuous employment) for more than four weeks. An employee who has been so employed for up to two years is entitled to a week's notice; one employed for a longer period is entitled to one week's notice for each year's continuous employment up to 12 years. Thus an employee who has been employed for 20 years must be given a statutory minimum of 12 weeks' notice, although his employment contract may entitle him to a longer period, which takes priority. An employee with four weeks' continuous employment must give at least one week's notice of his resignation. An employee whose conduct justifies immediate dismissal is treated as waiving his right to notice, as is an employer whose conduct amounts to constructive dismissal. A fixed-term contract cannot be terminated by notice unless the contract expressly provides for this.

3 (in land law) An entry against a registered title that may be lodged by a person with a right or interest in the land comprised in the title. The rights and interests that may be protected by a notice are listed in the Land Registration Act 2002, and a notice must always specify the right or interest it seeks to protect. A notice may be “agreed”, which requires the consent of the registered proprietor, or “unilateral”, in which case it is essentially hostile in nature. The registered proprietor may apply for cancellation of a unilateral notice. The notice protects the priority of the noted interest in the land; that is, a purchaser will be bound by that interest.

4 (in Community legislation) A nonbinding document. Notices are often issued by the European Commission to explain further details of a competition regulation, for example in relation to exclusive distribution and purchasing agreements, cooperation agreements, subcontracting agreements, agency agreements, and the distinction between cooperative and concentrative joint ventures. Notices are not binding on the Commission, whereas regulations are; however, in practice it would be very rare for the Commission to depart from policies set out in a notice.

Subjects: Law.


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