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Tag Archives: Constructive Notice

Tort/Negligence – STCA – Municipal – Intersection – Ruts – Constructive Notice (access required)

Major v. City of Hartsville Even though the defendant-city had notice that vehicles often went off the road at an intersection beside Coker College, sometimes causing holes and ruts in the grassy area by the intersection, the plaintiff-pedestrian failed to forecast evidence that the city had notice – actual or constructive – of the rut in which she tripped and injured her ankle.

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Tort/Negligence – STCA – Municipal – Intersection – Ruts – Constructive Notice (access required)

Major v. City of Hartsville Even though the defendant-city had notice that vehicles often went off the road at an intersection beside Coker College, sometimes causing holes and ruts in the grassy area by the intersection, the plaintiff-pedestrian failed to forecast evidence that the city had notice – actual or constructive – of the rut in which she tripped and injured her ankle.

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Real Property – Tort/Negligence – Fraud – Public Record — Constructive Notice – Question of Fact (access required)

Moseley v. All Things Possible, Inc. There was a recorded plat which showed an underground surface-water drainage easement running diagonally across the entire length of the undeveloped lot at issue; however, the easement did not appear on any deed in the lot’s chain of title, and the defendant-seller - aware of the plaintiff-buyers’ desire to build a home on the lot - presented the buyers with an altered copy of the plat with the easement removed and a square drawn on the plat indicating where a home could be built. The issue of whether the buyers could reasonably rely on the seller’s misrepresentation was one of fact.

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