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General Laws

[ Text of section effective until July 1, 2013. For text effective July 1, 2013, see below.]

  Section 1-202. 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.

Chapter 106: Section 1-202. Notice; Knowledge

[ Text of section as recodified by 2013, 30, Sec. 2 effective July 1, 2013 applicable as provided by 2013, 30, Sec. 116. For text effective until July 1, 2013, see above.]

  Section 1-202. (a) Subject to subsection (f), 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'', actual knowledge. "Knows'' has a corresponding meaning.

  (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), 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.

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