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Session Laws, 1980
Volume 739, Page 2879   View pdf image
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HARRY HUGHES, Governor                             2879

(c) From all the facts and circumstances
known to him at the time in question he has reason to know
that it exists.

A person "knows" or has "knowledge" of a fact when he
has actual knowledge of it. "Discover" or "learn" or a word
or phrase of similar import refers to knowledge rather than
to reason to know. The time and circumstances under which a
notice or notification may cease to be effective are not
determined by Titles 1 through 10 of this article.

(26)  A person "notifies" or "gives" a notice or
notification to another by taking such steps as may be
reasonably required to inform the other in ordinary course
whether or not such other actually comes to know of it. A
person "receives" a notice or notification when:

(a)  It comes to his attention; or

(b)  It is duly delivered at the place of
business through which the contract was made or at any other
place held out by him as the place for receipt of such
communications.

(27)  Notice, knowledge or a notice or
notification received by an organization is effective for a
particular transaction from the time when it is brought to
the attention of the individual conducting that transaction,
and in any event from the time when it would have been
brought to his attention if the organization had exercised
due diligence. An organization exercises due diligence if it
maintains reasonable routines for communicating significant
information to the person conducting the transaction and
there is reasonable compliance with the routine. Due
diligence does not require an individual acting for the
organization to communicate information unless such
communication is part of his regular duties or unless he has
reason to know of the transaction and that the transaction
would be materially affected by the information.

(28)  "Organization" includes a corporation,
government or governmental subdivision or agency, business
trust, estate, trust, partnership or association, two or
more persons having a joint or common interest, or any other
legal or commercial entity.

(29)  "Party," as distinct from "third party,"
means a person who has engaged in a transaction or made an
agreement within Titles 1 through 10 of this article.

(30)  "Person" includes an individual or an
organization. (See § 1-102).

(31)  "Presumption" or "presumed" means that the
trier of fact must find the existence of the fact presumed
unless and until evidence is introduced which would support
a finding of its nonexistence.

 

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Session Laws, 1980
Volume 739, Page 2879   View pdf image
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