LD 1218
pg. 9
Page 8 of 94 An Act To Enact the Revised Uniform Arbitration Act Page 10 of 94
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LR 468
Item 1

 
instance. Most give authority to the court of general
jurisdiction.

 
4. The term "knowledge" is used in Section 2 regarding
notice under the RUAA and is referenced in Section 12(a)
concerning disclosure. It is based on the definition used in
Article 1-201 of the Uniform Commercial Code. "Actual
knowledge" as used in this Act is not intended to include
imputed or constructive knowledge.

 
5. Section 1(6) is based on the definition of "record" in
Sec. 5-102(a)(14) of the Uniform Commercial Code and in
proposed revised Article 2 of the Uniform Commercial Code and
is intended to carry forward established policy of the
Conference to accommodate the use of electronic evidence in
business and governmental transactions. It is not intended to
mean that a document must be filed in a governmental office
nor is it meant to imply that the term "written" or like
phrases in other statutes of an enacting State may not be
given equally broad interpretation as the term "record."

 
§8702.__Notice

 
1.__Notice by taking action.__Except as otherwise provided
in this chapter, a person gives notice to another person by
taking action that is reasonably necessary to inform the other
person in ordinary course, whether or not the other person
acquires knowledge of the notice.

 
2.__Knowledge or receipt of notice.__A person has notice if
the person has knowledge of the notice or has received notice.

 
3.__Attention or delivery.__A person receives notice when it
comes to the person's attention or the notice is delivered at
the person's place of residence or place of business, or at
another location held out by the person as a place of delivery
of such communications.

 
Uniform Comment

 
1. The conditions of giving and receiving notice are based
on terminology used in Article 1-201(25) of the Uniform
Commercial Code. Section 2 spells out standards for when
notice is given and received rather than requiring any
particular means of notice. This allows parties to use systems
of notice that become technologically feasible and acceptable,
such as fax or electronic mail.


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