IMPUTED KNOWLEDGE
The comprehension attributed or charged to a person because the facts in issue were open to discovery and it was that person’s duty to apprise himself or herself of them; more accurately described as knowledge.
For example, if the stairway leading to a retail
store is defective and a patron is injured on the
stairway, the store owner cannot evade liability
for the patron’s injury by denying knowledge of
the defect. Since the store owner is subject to a
duty to discover and rectify the defect in an area
known to be used by the public, knowledge of
the defect is imputed to the store owner.
In the law of agency, notice of facts brought
to the attention of an agent (a person authorized
by another, known as a principal, to act for him
or her), within the scope of the agent’s authority
or employment, is usually imputed to his or her
