Express notice is a legal term that refers to when something is done consciously and intentionally, in contrast to constructive notice which is done by custom or by law. When something is done with the express notice of something else, it implies that a conscious effort was made to be aware of it and to make a decision.
One example of express notice is when a seller states that they are aware a potential buyer holds a mortgage on a certain property. The seller is making an express statement that they are aware of the existing mortgage and they knowingly proceed with selling the property keeping this in mind.
Express notice is also used when someone contracts services from someone else. For example, when someone enters a contract for a service like web design, it implies that they have read all the terms and conditions with express notice. This means that they understand everything included in the agreement and they are aware of all the legalities and liabilities.
Express notice is used in legal situations to ensure that one party is aware of the other party’s rights, which is important in contract negotiations. It is also used in situations where one party is attempting to influence the other party’s decision or actions. Express notice can be used to prove that the other party was aware of their obligations or rights when the agreement was entered into.
Bottom Line
Express notice can be used in a variety of situations, but understanding how it works and why it is important to legal proceedings is key to using it successfully. This knowledge can help ensure that parties are aware of their obligations, as well as their rights and entitlements.