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NeCede's

Maxim 3.4.23

Notice is named from a knowledge being had; and notice ought not to halt, [i.e., be imperfect.].

Source: 6 Coke, 29; Weisman, 69y Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Legal notice must be complete and definite — a notice that is partial, ambiguous, or otherwise imperfect fails to accomplish its purpose and does not bind the party to whom it is directed.

Where this applies

  • A landlord sends a termination notice that references the wrong lease and the wrong address; the court holds the notice defective because legal notice must be complete and unambiguous.
  • A government agency mails a tax-lien notice that omits the amount owed and the deadline to respond; the property owner is not bound by it because imperfect notice is no notice at all.
  • A plaintiff serves a demand letter that names the defendant but gives no description of the claim or the relief sought; the court treats it as legally insufficient because notice must not halt or be incomplete.

Legal domains

Cite this maxim

NeCede Max. 3.4.23 — Notice is named from a knowledge being had; and notice ought not to halt, [i.e., be imperfect.]. — 6 Coke, 29; Weisman, 69y

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