Wednesday, May 22, 2013

The importance of "notice" in so many areas of the law.

In the law, and particularly contract law, whether a person had actual or implied notice of a given event, contract term or otherwise is often dispositive of an issue. In some cases, notice will clearly not apply, but these are usually self-evident. When notice is relevant, it is perhaps the most important factor in deciding cases, because it applies in so many different areas. For instance, the enforceability of click-wrap or browse-wrap agreements in web surfing depends on notice of the website's terms. The enforceability of form contracts between a business and consumer also depends on notice, and whether the terms are within the reasonable expectations of the consumer.

Statutes of limitation for bringing a lawsuit often do not begin to run until a person has notice of his or her legal claim. There are a number of other examples as well. So, if you are in a legal dispute, you may want to ask yourself whether notice of a given fact or event is important. It may not be, which you can probably decide for yourself. But if it is, it may end up being the deciding factor on whether you have a winning or losing case.

No comments:

Post a Comment