The term 'suffer' requires actual or constructive knowledge that the activity is taking place but does not require active connivance.
If reportable releases occur, they must be reported immediately upon constructive knowledge of occurrence.
In other words, is constructive knowledge sufficient?
Such a person is likely to be fixed with constructive knowledge that the items were stolen.
The brothers also say they "had no actual or constructive knowledge of the condition and situations alleged by plaintiff."
The California court imposed a relatively broad standard yesterday, allowing suits based on constructive knowledge.
The justices in the majority said allowing suits based on both actual and constructive knowledge created the right incentives.
Wille states that actual knowledge is required; it remains to be seen if constructive knowledge will suffice.
How much actual, constructive or imputed knowledge does an exchange have of what goes on on its own trading floor?
The question of constructive knowledge is more difficult.
