actual knowledge

Real knowledge as distinguished from presumed knowledge or knowledge imputed to one because of his having had information which should have put him on inquiry that would have led to real knowledge. In some cases, as where it is an element of wrongdoing, the equivalent of guilty knowledge. Under the generally accepted doctrine that a bank director is not personally liable to a depositor of the bank for damages sustained by reason of the insolvency of the bank, unless the director had actual knowledge of the bank's insolvency, the term “actual knowledge" means a guilty knowledge, not an innocent bona fide ignorance arising from neglect on his part to inquire into the financial condition of the bank. 10 Am J2d Banks § 199. One insured against loss by "robbery", defined by the policy to include the felonious and forcible taking of insured property . . . by any other overt felonious act committed in his presence and of which he was "actually cognizant," is not thereby covered as to a loss of money which he had in his pocket, and which he discovered to be missing after he returned to his store from the street where two men, in helping him stop a dogfight, had jostled him. Ashcraft v United States Fidelity & Guaranty Co. (Ky) 255 SW2d 485, 37 ALR2d 1078.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • actual knowledge — see knowledge Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. actual knowledge …   Law dictionary

  • knowledge — know·ledge n 1 a: awareness or understanding esp. of an act, a fact, or the truth: actual knowledge (1) in this entry b: awareness that a fact or circumstance probably exists; broadly: constructive knowledge in this entry see also …   Law dictionary

  • actual — ac·tu·al adj: existing in fact or reality compare constructive ac·tual·ly adv Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Actual notice — is a law term, used most frequently in civil procedure. It is notice (usually to a defendant in a civil proceeding) delivered in such a way as to give legally sufficient assurance that actual knowledge of the matter has been conveyed to the… …   Wikipedia

  • knowledge — Acquaintance with fact or truth. People v. Henry, 23 Cal.App.2d 155, 72 P.2d 915, 921. It has also been defined as act or state of knowing or understanding, Witters v. U. S., 70 App.D.C. 316, 106 F.2d 837, 840; actual knowledge, notice or… …   Black's law dictionary

  • knowledge — The perception of the mind as to facts; information and intelligence. Utley v Hill, 155 Mo 232, 55 SW 1091, 1102. As an element of a criminal offense, awareness of those facts which are essential to the unlawfulness of the act alleged as criminal …   Ballentine's law dictionary

  • actual notice — Express information of a fact, as well as circumstances from which an inference of notice is clearly justified. 39 Am J1st Notice § 4. However closely actual notice may in many instances approximate knowledge, there may be actual notice without… …   Ballentine's law dictionary

  • Actual Grace — • A grace that is given for the performance of salutary acts and is present and disappears with the action itself Catholic Encyclopedia. Kevin Knight. 2006. Actual Grace     Actual Grace …   Catholic encyclopedia

  • Actual Idealism — was a form of idealism developed by Giovanni Gentile that grew into a grounded idealism contrasting the Transcendental Idealism of Immanuel Kant and the Absolute idealism of Georg Hegel. Acceptance It was successful in laying a theory of… …   Wikipedia

  • Knowledge — • Knowledge, being a primitive fact of consciousness, cannot, strictly speaking, be defined; but the direct and spontaneous consciousness of knowing may be made clearer by pointing out its essential and distinctive characteristics Catholic… …   Catholic encyclopedia

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