Massachusetts General Laws

Mass. Gen. Laws ch. 108A, § 3 (2026)

Knowledge and notice; definition

✓ current as of July 2026
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Section 3. (1) A person has ''knowledge'' of a fact within the meaning of this chapter, not only when he has actual knowledge thereof, but also when he has knowledge of such other facts as in the circumstances show bad faith.

(2) A person has ''notice'' of a fact within the meaning of this chapter when the person who claims the benefit of the notice.

(a) States the fact to such person, or

(b) Delivers through the mail, or by other means of communication, a written statement of the fact to such person or to a proper person at his place of business or residence.

Notes of Decisions
Cited in 2 cases, 1980–1997 · leading case: Demoulas v. Demoulas Super Markets, Inc., 677 N.E.2d 159 (Mass. 1997).
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Demoulas v. Demoulas Super Markets, Inc., 677 N.E.2d 159 (Mass. 1997). “See G. L. c. 108A, §§ 3, 12, 13. See also Higgins v.”
Berkshire Bank & Trust Co. v. Dukes, 404 N.E.2d 91 (Mass. App. Ct. 1980). “Neither plaintiff’s complaint nor its affidavit contains any allegation that it took the note without knowledge or notice of the fact that Dukes’ written consent was required, see G. L. c. 108A, § 3, or that Yourkewicz and Ambrose otherwise had the apparent authority to execute…”
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