Constructive

Description

• "Constructive notice" refers to a judicial presumption that a person knows of some fact, because certain acts such as registration with a public agency have occurred, even though the person is actually ignorant of the fact.
• "Constructive knowledge" is knowledge that courts impute to a person because such knowledge is obtainable by the exercise of reasonable care.
• "Constructive eviction" occurs when a landlord does not actually evict but does something that renders the premises unlivable. This might occur, for example, where a tenant vacates an apartment because a landlord turns off the heat or water. The tenant, however, must abandon possession in order to claim that there was a constructive eviction.
• "Constructive fraud," unlike actual fraud which requires an intentional false statement, requires only a negligent false statement that causes damage to the plaintiff.