| 单词 | Imputed notice |
| 释义 | 法律認定的通知 Awareness of a situation or facts that the court treats a person as having. Where in the course of any transaction in which the agent is employed on his principal’s behalf, an agent receives notice or acquires knowledge of any fact material to such transaction, under such circumstance that it is his duty to communicate it to the principal, the principal is precluded from relying upon his own ignorance of that fact, and is taken to have received notice of it from the agent at the time when he should have received it if the agent had performed his duty with due diligence: Halsbury’s Laws of Hong Kong, Vol 11, Equity [165.120]. The principal is then said to have imputed notice of the fact. However, the principal is not bound by any notice given to, or any knowledge acquired by, the agent, if at the time when the agent received such notice or acquire such knowledge he was not acting as agent on the principal’s behalf, or was not so acting in respect of the transaction in which the notice or knowledge is material. Where the agent, though acting on his principal’s behalf in some transaction which his knowledge would otherwise be imputed to his principal, takes part in any fraud or misfeasance against the principal, the principal is not bound by the agent’s knowledge of such fraud or misfeasance: ibid [165.120] See also Agent; Constructive knowledge; Constructive notice; Imputed knowledge; Notice; Principal. 法庭視某人所知悉的情況或事實。凡在交易過程中，代理人受僱作其為委託人的代表，代理人知悉有關該交易的關鍵性事實或接獲有關交易的關鍵性事實的通知，在此等情況下，代理人有責任通知委託人，而委託人不可依賴其對該事實的不知情，委託人並會在他／她應已收到通知時（如代理人已經以應盡的努力履行其職責），被當作已接獲代理人的通知假如，他應已接獲通知之際：Halsbury’s Laws of Hong Kong, 第11冊，衡平法，第[165.120]段。其後委託人會被認定為已知悉有關事實的通知。但如在代理人收到通知或知悉此等通知時，他並非在代表其委託人行事，或並非為有關交易（有關通知對有關交易具關鍵性）行事，則委託人不受任何有關代理人收到的通知或其所知悉的約束。儘管在某些交易上代理人代表其委託人行事，而在一般情況下應認定委託人知悉該代理人所知悉的，但如代理人對委託人作出欺詐或不當行為，則委託人無須就代理人所知悉的受到約束：見 Agent; Constructive knowledge; Constructive notice; Imputed knowledge; Notice; Principal. |
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