25 February 2022 16:43

Contingent debt: when debt exists but the payment is due on happening or not happening of an event,
such a debt is conditional/contingent debt.

Actionable Claim: FD in back, money due under insurance policy, right of transferer to recover balance
money from transferee, claim for return of earnest money, right to get back purchase money when the
sale is set aside, Muslim women claim for unpaid dower, right to get proceeds from business.
However certain claims or rights are not considered an actionable claim.: Right to get damages for
uncertain sum of money either under contract or tort is not actionable claim.
Claim for mesne profit is not actionable claim, copyright of book, invention, patent and trademark are
not actionable claim.
Money decree/ maintenance decree are not actionable claim because such decree is already is
determined by a legal action thus, nothing is left to b actionable.
Actionable Claim are transferable, can be sold or purchased u/s 130 TPA. Can be assigned by way of
sale, mortgage, gift. Must be affected by an instrument is writing.

Notice:
Knowledge or information of a fact. When a person is aware about a fact or if it is proved that he had
knowledge of that fact, it could be said that he had notice of that fact.
2 types:
I. Actual: Direct or express knowledge or information about something. Actual notice is a matter of fact,
knowledge or info must be definite.
II. Constructive: Based on equity. Where a person does not know anything about a fact but the court
considers that under circumstances he must be deemed to have knowledge of the fact. Therefore it is
imputed or imposed upon a person under legal presumption. Matter of law. The legal presumption of
constructive notice is dependent upon following condition.
a) Willful abstinence from an inquiry or search: it amounts to deliberately avoiding to take
notice of a fact. There is a lack of bonafide intention. Refusal to take summons of the court
will constitute constructive notice. Constructive notice is inferred only from where a person
has means of knowing a fact but has deliberately omitted to take notice.
b) Gross negligence: Negligence is omission to do something which a reasonable man would
do. There is no constructive notice in simple negligence but it is there in gross negligence.
Doctrine of notice is an equitable doctrine.

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