(a) Subject to subsection (f) of this 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.
(b) “Knowledge” or “knows” means actual knowledge.
(c) “Discover”, “learn” or words of similar import refer to knowledge rather than to reason to know.
(d) 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 ordinary course, whether or not the other person actually comes to know of it.
(e) Subject to subsection (f) of this 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.
(f) Notice, knowledge or a notice or notification received by an organization is 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.
(1959, P.A. 133, S. 1-202; P.A. 05-109, S. 8.)
History: P.A. 05-109 amended section to adopt the 2001 Revision of Uniform Commercial Code Article 1–General Provisions.
Cited. 165 C. 1.
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Article 1 - General Provisions
Section 42a-1-101. - Short titles.
Section 42a-1-102. - Scope of article.
Section 42a-1-104. - Construction against implied repeal.
Section 42a-1-105. - Severability.
Section 42a-1-106. - Use of singular and plural; gender.
Section 42a-1-107. - Waiver or renunciation of claim or right after breach.
Section 42a-1-108. - Relation to Electronic Signatures in Global and National Commerce Act.
Section 42a-1-201. - General definitions.
Section 42a-1-202. - Notice; knowledge.
Section 42a-1-203. - Lease distinguished from security interest.
Section 42a-1-205. - Reasonable time; seasonableness.
Section 42a-1-206. - Presumptions.
Section 42a-1-301. - Territorial applicability; parties' power to choose applicable law.
Section 42a-1-302. - Variation by agreement.
Section 42a-1-303. - Course of performance, course of dealing and usage of trade.
Section 42a-1-304. - Obligation of good faith.
Section 42a-1-305. - Remedies to be liberally administered.
Section 42a-1-306. - Waiver or renunciation of claim or right after breach.
Section 42a-1-307. - Prima facie evidence by third-party documents.
Section 42a-1-308. - Performance or acceptance under reservation of rights.