The structure of a notice
Notices- Basically, a good notice is always to the point and leaves no scope for enquiries or confusion without compromising on the word limit which should not exceed 50 words. The language of notice should always be formal. A formal notice should contain following necessary constituents: –
- Name of the issuing agency
- Subject and date of issue/release of notice
- Authorized signatory
- Standard information to be convey
Always enclose a notice with a cover draw neat lines with a sharp pencil and keep it precise and relevant without any ambiguity or confusion.
Purpose and type of notice
A notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligation or duties. A common law, notice is the fundamental principal in service of process. The service puts the defendant on notice of the allegations contained within the complaint or other such pleadings. Since notice is fundamental a court may rule the pleading defective if it has not put a defendant on notice. In many jurisdiction service of summons can be made on the person of suitable age and at the residence or place of business of the defendant. Jurisdictions over corporations can offer be obtain through a Government body authorize to receive such process. Which includes that the accused knowingly have acted in violation. When a party is put a notice that they are in violation and continue their action in violation may be sufficient to evidence knowledge.
Types of notices: –
- Judicial notice
- Constructive notice
- Notice of proposed rulemaking (Administrative Law)
- Notice of funding opportunity announcement
- Previous notice (parliamentary procedure)
- Public notice
- Notice of resignation
- Actual notice.
If a legal notice is not accepted by a party to the dispute
It is a legal notice sent especially an advocate; it will have its own meaning. If a legal notice is reject by any person in legal terms it means that the person has receive such notice. Damages could be done with these presumptions, therefore, rejecting or no accepting a legal notice is not a wise step to follow as it has a legal obligation with connected with it.
The importance of a notice
A legal notice is important because in most of the cases the actual issuer or disputes gets resolve by merely serving of a notice. A person with his grievances narrates his issue to an Advocate. Which ultimately depends on the drafting skills of an Advocate the way a notice is draft and present is an art to win initial stage of a legal dispute. The legal notice serve should present the core issues of the disputes in a presentable manner for the receiver. Basic purpose of sending a legal notice is to remind the receiver about his acts of misconduct, or damage cause to the sender of the notice, which knowingly or unknowingly have create a problem for a person who is the client of an Advocate.
The law relating to notice is adjective law and so to be follow rigidly. A notice failing to satisfy the requirements of a statute is fatal to the suit. A notice may be an actual notice, constructive notice or
a notices to the agent.
A notice is an announcement of intimation or caution. An actual notice to be valid must be clear and certain so as to bind the party who gives it and to enable the opposite party to act upon it and the information given by a person interest in the matter, in respect of which the notice is issue, must be definite. Registration, possession and notice to agent as notice to principal are cases of constructive notices.
Special statues require specific grounds to be mention in the notice. They must be incorporate in the notices. Different statutes requires different information to be deliver via notice to the other party. A notice is also an Endeavour to minimize the litigation because the notice communicates the other party to act upon something.