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60-460. Hearsay evidence excluded; exceptions. Evidence of a statement which is made other than by a witness while testifying at the hearing, offered to prove the truth of the matter stated, is hearsay evidence and inadmissible except: (a) Previous statements of persons present.
To the best knowledge of means, when modifying a representation, warranty or other statement of any Person, that the fact or situation described therein is known by the Person (or, in the case of a Person other than a natural Person, known by a Responsible Official of that Person) making the representation, warranty or ...
The addition of the term 'best knowledge' in the seller's warranty means that the seller is not liable for facts of which he was unaware. The risk of those facts (which nobody knows about) then shifts to purchaser.
The term ?to the best of my knowledge and belief? is used in affidavits and court documents to indicate that statements being made are not knowingly false. Assuming your client signs a document under ?knowledge and belief?, does he have a duty to verify the truth or accuracy of his statements?
Many commercial lawyers believe that when a person makes a representation in a transactional document to that person's ?best knowledge,? the representation is based on more information than had that person used the phrase ?the following is true to the knowledge of the undersigned.? Those lawyers believe that if the ...
Laws and court decisions make a distinction between ?actual knowledge? and ?constructive knowledge.? ?Actual knowledge? means a person ?must have known? as opposed to ?should have known.? In footnote 4 of Uccello v.
The use of the term, "to the best of my knowledge and belief," recognizes it is impossible for any person to legitimately provide absolute assurances or guarantees. Individuals can only make assertions on what they know or have knowledge of, not to what they don't know.
(a) Making false information is making, generating, distributing or drawing, or causing to be made, generated, distributed or drawn, any written instrument, electronic data or entry in a book of account with knowledge that such information falsely states or represents some material matter or is not what it purports to ...