Written by attorneys · grounded in primary & secondary sources — see below
The act of acquiring knowledge of a fact or circumstance.
Select any source to read its text and confirm it supports the definition.
Grace Builders covered foundation cracks with plywood and carpet before Dana Development inspected the building. Dana signed the purchase agreement without discovering the damage. When Dana later learned of the cracks, it sought to avoid the contract on the ground that Grace's conduct amounted to a misrepresentation.
City of Roswell promised to pay Mountain Learning for tutoring services under a contract with a foundation. Mountain Learning learned of the promise and the payment terms shortly after the agreement was signed. It promptly disclaimed any duty owed to it, rendering the promisor's obligation inoperative from the beginning.
Lakeshore Industries accepted an offer to supply parts by shipping the goods without prior notice. The buyer had no practical way to learn of the shipment promptly. Because Lakeshore failed to exercise reasonable diligence to inform the buyer, the buyer's duty was discharged.
South Carolina enacted coastal regulations that prevented Lucas from building on his beachfront lots. The Court recognized that evolving community understanding of environmental risks constituted new learning that justified redefining property rights without compensation.
A magazine published statements about a private attorney involved in a high-profile case. The Court considered whether the public's interest in learning about the litigation outweighed the attorney's reputational interest in recovering damages.
A state board required students to salute the flag each morning. The Court held that forcing participation interfered with the students' freedom to form their own beliefs through independent learning rather than compelled affirmation.
When a party takes steps intended or known to be likely to prevent another from learning a material fact, that conduct is treated as an assertion that the fact does not exist. This rule supports a claim of misrepresentation even without an express false statement.
A beneficiary who has not previously assented may disclaim within a reasonable time after learning of the promise's existence and terms. The disclaimer renders the duty inoperative from the beginning.
If the offeree knows the offeror has no adequate means of learning of performance, the offeree must exercise reasonable diligence to notify the offeror. Failure to do so discharges the offeror's duty unless the offeror actually learns of the performance within a reasonable time.
…to the laws of the U. S. as may in his opinion be necessary to the due administration of Justice, and such as may promote useful learning and inculcate sound morality throughout the Union. . . ." 2 id. , at 342. This proposal too was rejected. [^maj-18]: In Meyer , in the very same sentence quoted in part by my Brethren in…