Also known as: come to · coming to
Written by attorneys · grounded in primary & secondary sources — see below
A phrase denoting the point at which information, a person, or an event reaches the awareness or physical presence of a specified individual or body. The phrase marks the moment awareness arises or arrival occurs for purposes of triggering duties, nullifying prior statements, or permitting a factual finding.
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After trial, attorney Lopez reviews documents and realizes a witness called by her client gave false testimony on a key fact. Lopez now comes to know of the falsity. She must take reasonable remedial measures, including disclosure to the court if necessary.
Seller Quinn tells buyer Rivera that Quinn will not deliver goods by the contract date. Before Rivera changes position or treats the statement as final, Quinn sends a retraction. The retraction comes to Rivera's attention, nullifying the repudiation.
In a negligence suit, the evidence shows the defendant failed to maintain brakes on a steep grade. The facts permit only one reasonable conclusion on the standard of care. The jury comes to the conclusion that the defendant did not conform to that standard.
The duty arises once the lawyer comes to know that material evidence offered by the lawyer, the client, or a witness called by the lawyer is false. Reasonable remedial steps, including disclosure to the tribunal if necessary, then become required.
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A retraction nullifies the repudiation when notification of the retraction comes to the attention of the injured party before that party materially changes position in reliance or indicates that the repudiation is final.
Supporting sources