Notice Party in UK Law

Given that there are two innocent parties, each enjoying rights, the earlier right prevails against the later right if the acquirer of the later right knows of the earlier right (actual notice) or would have discovered it had he taken proper steps (constructive notice).

The tendency of the English authorities has, I think, been to look at the nature of the transaction in question and the character of the parties to it; to consider what notice the party alleged to be bound was given of the particular condition said to bind him; and to resolve whether in all the circumstances it is fair to hold him bound by the condition in question.

In my opinion this argument misunderstands the true nature of the liability of the third party. It is true that his conduct may very often be seen as possessing a dual character of contempt of court by himself and aiding and abetting the contempt by another, but the conduct will always amount to contempt of court by himself. It will be conduct which knowingly interferes with the administration of justice by causing the order of the court to be thwarted.

If, on the other hand, the transaction (although in excess or abuse of powers) is within the capacity of the company, the position of the third party depends upon whether or not he had notice that the transaction was in excess or abuse of the powers of the company.

Mr. Machin admitted here that the company did not do what was reasonably sufficient to give hr. I do not pause to inquire whether the exempting condition is void for unreasonableness. All I say is that it is so wide and so destructive of rights that the Court should not hold any man bound by it unless it is drawn to his attention in the most explicit way. In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it — or something equally startling.

that is usual", it may not be necessary for a defendant to prove more than that the intention to attach some conditions has been fairly brought to the notice of the other party. How much is required as being, in the words of Lord Justice Mellish, reasonably sufficient to give the plaintiff notice of the condition", depends upon the nature of the restrictive condition.

Why should a party who has not completed in compliance with the terms of a contract he has entered into, be entitled to yet longer time before he can be given notice to perform it?