Definitions of actual knowledge
the direct and clear awareness of a fact or circumstance, as opposed to constructive (=inferred or implied) knowledge
Mazda has had actual knowledge about the VVT assembly defect since at least 2007.
Phrase Bank for actual knowledge
Unless Trustee has actual knowledge of Company’s Insolvency, or has received notice from Company or a person claiming to be a creditor alleging that Company is Insolvent, Trustee shall have no duty to inquire whether Company is Insolvent.
If such repairs and rebuilding have not been substantially completed within one hundred eighty (180) days after the date of the landlord’s actual knowledge of such damage.
To Seller’s current actual knowledge without the duty of inquiry, there are no wells on the Property.
Release By Instinet. Instinet releases and discharges Sterling from any and all liability, and waives any and all rights of any kind and description that it has or may have against Sterling as of the date of this Agreement, regarding which Instinet has actual knowledge or should have had knowledge, other than rights under …
Establishing actual knowledge is easy enough, but what about constructive awareness?
There was no dispute that Miller and Cheng (a) received MNPI about Masonite, (b) traded on that information, and (c) did not have actual knowledge that LK, their informant / tipper, was in a special relationship with Masonite, as LK had himself received MNPI from Azeff.
… (3) the stranger to the fiduciary relationship – in this case, the Schedule C Companies – had actual knowledge of both the fiduciary relationship and the fiduciary’s fraudulent and dishonest conduct; and (4) the stranger must have participated in or assisted the fiduciary’s fraudulent and dishonest conduct.