Tort Terms

Knowledge

Knowledge,that is knowing something, is broken into two categories for legal purposes:constructive and actual knowledge.Actual knowledge is what the term implies i.e. actually knowing something. I may have actual knowledge of a hole in my driveway which is a hazard but may not be readily visible. If I have that actual knowledge then I am duty bound to take steps to warn of that danger or to otherwise protect people from it. I have constructive knowedge if it is something that I could reasonably be expected to know of.If a contractor that I hired dug that hole in my driveway then I will be deemed to have constructive knowledge of the hole even though I may not have actual knowledge of it. My obligation to respond may be the same as if I had actual knowledge.