Notices and why serve one

29 Dec

I’m personally interested in Notices and Notice of Understanding and Intent and Claim of Right (NOUICOR). I didn’t get to learn about this in school.

From: (see the others on the same page)

What is a Notice and why serve one?

A notice is one of the most powerful instruments in law and used extensively in the legal world. Similar to an affidavit, a notice informs the respondent with some form of knowledge or information and places them under lawful obligation to act upon it and provide remedy.

An unrebutted notice stands until the respondent discharges it by way of providing a remedy or some form of counter notice. The last party to serve the notice stands in honour until such time as the ball is passed to the other party.

Notices generally have a fixed response time before dishonour or can be open ended depending on the nature of the matter.

A notice is a ‘charged’ instrument and can only be ‘discharged’ in the appropriate manner.

From Black’s Law (8th Edition):  NOTICE notice,n.1. Legal notification required by law or agreement, or imparted by operation of law as a result of some fact (such as the recording of an instrument); definite legal cognizance, actual or constructive, of an existing right or title <under the lease, the tenant must give the landlord written notice 30 days before vacating the premises>. • A person has notice of a fact or condition if that person (1) has actual knowledge of it; (2) has received information about it; (3) has reason to know about it; (4) knows about a related fact; or (5) is considered as having been able to ascertain it by checking an official filing or recording. [Cases: Constitutional Law 251.6, 309; Notice 1. C.J.S. Constitutional Law §§ 968, 1154, 1165–1166, 1168–1169; Notice§§ 2–3, 9.] 2. The condition of being so notified, whether or not actual awareness exists <all prospective buyers were on notice of the judgment lien>. Cf. KNOWLEDGE. 3. A written or printed announcement <the notice of sale was posted on the courthouse bulletin board>

A notice which is served on principal and agent means it is served on all those the respondent is principal to and all those who are agents of the respondent.

In our case, serving a sworn signed Notice on the Chief Superintendent of the Police puts him personally and directly liable in our eyes. We have placed liability with him to provide us with a remedy and response. He is under a lawful obligation which he cannot get out of until the notice is discharged. He may use his principals and agents to carry out the job and inform us of any developments. If the respondent does not discharge the notice or chooses to ignore it, we have the option of taking the matter further with the respondent personally in order to enforce the instrument.

Our notice of understanding is similar to a police victim statement and can be used as evidence in court. It is a lawful record made by injured parties under the Common Law and gives extra weight than merely ‘reporting a crime’. It shows we ‘mean business’.


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