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NOTICE: you are not giving proper notice. Did you see the notice requirement?

Updated on October 5, 2012

Two Notices Scream at you!

6 years for warranty and Danger.
6 years for warranty and Danger. | Source

Treat others like you would like to be treated

Notice and Fair play

It seems your sink is leaking. After six months the entire area is rotted, dangerous and needs extensive repairs. If you are a tenant and failed to notify the owner – shame on you. If you notified the landlord, shame on them.

I am currently working on two kind of heavy large contracts. My clients got themselves in trouble and are looking for a way out. One involves a lease for premises. One involves the supplying of collocation services along with firewall protection, data storage and bandwidth. In both cases my clients are completely righteous. The other parties are completely blameworthy. But in both cases my clients have serious problems.

To borrow from Carvelle and Obama “it’s the notices stupid”. Most any contract has rather direct requirements of notice. Most any concept of fair play includes the requirement of notice. Can you imagine playing football without any notice of where the sidelines and goal lines were?

Communicating with people is not just a courtesy.

So you bought a new car and it is making this terrible grinding noise. You ignore it and fail to tell the dealer about it and it results in a wheel literally falling off and causing all sorts of mayhem. Legally there are probably a dozen issues. Morally you are wrong. Socially you are irresponsible. Economically and environmentally you are wasteful.

So you bought a new car and it is making this terrible grinding noise. You get right on it, take it to the dealer for them to know about and to fix. You drive away and your wheel literally falls off causing all sorts of mayhem. The dealer and the manufacturer are in a world of hurt, and you are real mad, but at least making things right falls squarely on the other party’s shoulders.

Fair prompt notice is one of our most valuable communication tools. Two factors prevent us from using the tools effectively. At least from what I have seen. Ignorance combined with bad manners and lack of respect. If you are dealing with any kind of meeting or date, you give notice to the other party as soon as complications come up. It is just plain old good manners. But for some reason people do not transfer this skill set to contracts. The main reason that people do not transfer this is Fear/anger. Anger at the problem and fear based once again on ignorance.

Notice is cool. Notice helps us anticipate and plan. Notice is communicating. Notice is outward respect to another. Notice prevents misunderstandings. And Notice is required by statutes and contracts. Read any serious contract that you have from washing machines, to cable services, to medical care and you will find Notice provisions.

Someday I will write a wrongful hub on how to avoid notice, you know what I mean, that obnoxious telephone call during dinner.

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    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      Really great point. We should let others know to give proper notice, and the best way to do that is in writing.

      Well, you are on notice!

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      Teresa, Thanks for reading and commenting. It is one of those anomolies -- we know to do it, but so often fail to do it.

    • Teresa Coppens profile image

      Teresa Coppens 5 years ago from Ontario, Canada

      Good advice for us all. A surprisingly interesting read. Thanks for the information.

    • phdast7 profile image

      Theresa Ast 5 years ago from Atlanta, Georgia

      Interesting and useful Hub. This has come up a few times in my life. And proof of written notice was crucial in getting the circumstance resolved. But I have a couple of family members who repeatedly have tried to establish their rights, or some such, by simply giving verbal notice and nothing else. They continue to be shocked and outraged when the other party denies the notice ever took place.

      They ignore my plea to put it in writing and send it to themselves and by certified mail to the other party. I guess they are slow learners...I should put them on Notice. Enjoyed your hub.

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      You make an old man proud. I hope you folks stand up and stand tall.

    • violetheaven profile image

      Jessica Ellen Holbrook 5 years ago from Newark, DE, USA

      Hahaha! reminds me of when I gave written notice fifteen times to a landlord after a verbal notice, who denied getting the notice every time... Then I moved out and then the landlord brought me to court for 3 months unpaid rent for the remainder of the lease because I supposedly didn't give notice. Good thing that I had the last three notices sent with delivery notification and signature confirmation and a witness and video documentation of him trying to solicit me. Needless to say the landlord ended up having to pay me for harassment and necessary court and attorney costs, including my lost wages.

    • Ericdierker profile image
      Author

      Eric Dierker 5 years ago from Spring Valley, CA. U.S.A.

      I like writing about stuff like that -- because I can get all preachy. But that water heater in the picture is an example of me failing at it. Oh well. Heal thyself physician.

    • liftandsoar profile image

      Frank P. Crane 5 years ago from Richmond, VA

      Thanks, Eric. Good reminder.