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Memorandum or note
Memorandum or noteThese words are use in the 4th section of the statute 29 Charles II., c. 3, commonly called the statute of frauds and perjuries, which enact, that "no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall he brought, or some memorandum or note thereof, Shall be in writing," RELATED TERMS-------------------------------------- Statute The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature. Action 1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice. Charge 1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them. Person This word is applied to men, women and children, who are called natural persons. Agreement A verbal or written resolution of disputes. Consideration Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract. Marriage A contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought io exist between husband and wife. By the terms freeman and freewoman in this definition are meant, not only that they are free and not slaves, but also that they are clear of all bars to a lawful marriage. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. Sale Contracts. An agreement by which one of the contracting parties, called the seller, gives a thing and passes the title to it, in exchange for a certain price in current money, to the other party, who is called the buyer or purchaser, who, on his part, agrees to pay such price. Hereditaments Estates. Anything capable of being inherited, be it corporeal or incorporeal, real, personal, or mixed and including not only lands and everything thereon, but also heir looms, and certain furniture which, by custom, may descend to the heir, together with the land. By this term such things are denoted, as may be the subject-matter of inheritance, but not the inheritance itself; it cannot therefore, by its own intrinsic force, enlarge an estate, prima facie a life estate, into a fee. Interest 1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties. Memorandum 1) Literally, to be remembered. It is an informal instrument recording some fact or agreement, so called from its beginning, when it was made in Latin. It is sometimes commenced with this word, though written in English; as "Memorandum, that it is agreed," or it is headed with the words, "Be it remembered that,". The term memorandum is also applied to the clause of an instrument. 2) Insurance. A clause in a policy limiting the liability of the insurer. Its usual form is as follows, namely,fish, salt, fruit, flour and seed, are warranted free from average, unless general, or the ship be stranded: sugar, tobacco, hemp, flax, hides and skins, are warranted free from average, under five percent; and all other goods, also the ship and freight, are warranted free from average, under three percent unless general, or the ship be stranded." Note Estates, convention, practice. The fourth part of a fine of lands: it is an abstract of the writ of covenant and concord, and is only a, doequet taken by the chirographer, from which he draws up the indenture. It is sometimes taken in the old books for the concord. SIMILAR TERMS-------------------------------------- Memorandum 1) Literally, to be remembered. It is an informal instrument recording some fact or agreement, so called from its beginning, when it was made in Latin. It is sometimes commenced with this word, though written in English; as "Memorandum, that it is agreed," or it is headed with the words, "Be it remembered that,". The term memorandum is also applied to the clause of an instrument. 2) Insurance. A clause in a policy limiting the liability of the insurer. Its usual form is as follows, namely,fish, salt, fruit, flour and seed, are warranted free from average, unless general, or the ship be stranded: sugar, tobacco, hemp, flax, hides and skins, are warranted free from average, under five percent; and all other goods, also the ship and freight, are warranted free from average, under three percent unless general, or the ship be stranded." Memorandum check It is not unusual among merchants, when one makes a tem- porary loan from another, to give the lender a check on a bank, with the express or implied agreement that it shall be redeemed by the maker himself, and that it shall not be presented at the bank for payment. If passed to a third person, it will be valid in his hands, like any other check. Memorandum of association The Memorandum of Association is the first constitutional document of a company containing fundamentals such as the name, the company's objects and powers, and its original share capital. In the past companies could avoid activities which fell outside their express powers as shown in the Memorandum. This rule no longer applies, at least for third parties dealing with the company. The Articles of Association contain the internal regulations and bye-laws covering procedure, shares, meetings, directors and other administrative issues. Memorial A petition or representation made by one or more individuals to a legislative or other body. When such instrument is addressed to a court, it is called a petition. Memorialized In writing. Memory Understanding; a capacity to make contracts, a will, or to commit a crime, so far as intention is necessary. Memory, time of According to the English common law, the time of memory commenced from the reign of Richard the First, PREVIOUS AND NEXT TERMS-------------------------------------- Member of congress A member of the senate or house of representatives of the United States. Members English law. Places where a custom-house has been kept of old time, with officers or deputies in attendance; and they are lawful places of exportation or importation. Memorandum 1) Literally, to be remembered. It is an informal instrument recording some fact or agreement, so called from its beginning, when it was made in Latin. It is sometimes commenced with this word, though written in English; as "Memorandum, that it is agreed," or it is headed with the words, "Be it remembered that,". The term memorandum is also applied to the clause of an instrument. 2) Insurance. A clause in a policy limiting the liability of the insurer. Its usual form is as follows, namely,fish, salt, fruit, flour and seed, are warranted free from average, unless general, or the ship be stranded: sugar, tobacco, hemp, flax, hides and skins, are warranted free from average, under five percent; and all other goods, also the ship and freight, are warranted free from average, under three percent unless general, or the ship be stranded." Memorandum check It is not unusual among merchants, when one makes a tem- porary loan from another, to give the lender a check on a bank, with the express or implied agreement that it shall be redeemed by the maker himself, and that it shall not be presented at the bank for payment. If passed to a third person, it will be valid in his hands, like any other check. Memorandum of association The Memorandum of Association is the first constitutional document of a company containing fundamentals such as the name, the company's objects and powers, and its original share capital. In the past companies could avoid activities which fell outside their express powers as shown in the Memorandum. This rule no longer applies, at least for third parties dealing with the company. The Articles of Association contain the internal regulations and bye-laws covering procedure, shares, meetings, directors and other administrative issues. Memorandum or note Memorial A petition or representation made by one or more individuals to a legislative or other body. When such instrument is addressed to a court, it is called a petition. Memorialized In writing. Memory Understanding; a capacity to make contracts, a will, or to commit a crime, so far as intention is necessary. Memory, time of According to the English common law, the time of memory commenced from the reign of Richard the First, Menace A threat; a declaration of an intention to cause evil to happen to another. We thank you for using the Juridical Dictionary to search for Memorandum or note. If you have a better definition for Memorandum or note than the one presented here, please let us know by making use of the suggest a term option. This definition of Memorandum or note may be disputed by other professionals. Our attempt is to provide easy definitions on Memorandum or note and any other medical topic for the public at large.
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