Notice; Knowledge

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. General Provisions
  5. General Definitions and Principles of Interpretation
  6. Notice; Knowledge

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  1. Subject to subsection (f) of this Code section, a person has "notice" of a fact if the person:
    1. Has actual knowledge of it;
    2. Has received a notice or notification of it; or
    3. From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
  2. "Knows" or "knowledge" means actual knowledge.
  3. "Discover," "learn," or words of similar import refer to knowledge rather than to reason to know.
  4. A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in the ordinary course, whether or not the other person actually comes to know of it.
  5. Subject to subsection (f) of this Code section, a person "receives" a notice or notification when:
    1. It comes to that person's attention; or
    2. It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
  6. Notice, knowledge, or a notice or notification received by an organization shall be effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.

(Code 1933, § 109A-1 - 202, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2015, p. 996, § 3A-1/SB 65; Ga. L. 2016, p. 864, § 11/HB 737.)

The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: "A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party."

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted "a notice or notification" for "notice or notification" in subsection (e).

Cross references.

- Duty of certified public weigher to obtain official seal from Department of Agriculture, and as to effect of impressing of seal on certificates, § 10-2-45.

Law reviews.

- For note, "The Law of Evidence in the Uniform Commercial Code," see 1 Ga. L. Rev. 44 (1966).

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Commercial Code, §§ 32, 51, 58.

C.J.S.

- 32A C.J.S., Evidence, §§ 819 et seq., 967.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 1-202.

ALR.

- Construction and effect of § 1-202 of the Uniform Commercial Code dealing with documents which are prima facie evidence of their own authenticity and genuineness, 72 A.L.R.3d 1243.


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