Legal Definition and Related Resources of Memorandum
Meaning of Memorandum
Literally the term means let it be remembered. A writing , usually informal, containing the terms of a transaction in question . A note to help the memory. A memorial , a record . Word of art within the statute of frauds and to be sufficient under said statute must satisfactorily show that a contract has been made. See Jones v Toms. 9 So.2d 96, 150 Fla. 873.
Memorandum Alternative Definition
(Lat. from memorare, to remember). A note to assist the memory. 32 Conn. 509. An informal instrument recording some fact or agreement; so called from its beginning, when it was made in Latin. It is sometimes commenced vrith this word, though written in English; as, “Memorandum, that it is agreed;” or it is headed with the words, “Be it remembered that,” etc. In English Practice. The commencement of a record in king’s bench, now written in English, “Be it remembered,” and which gives name to the whole clause. It is only used in proceedings by bill, and not in proceedings by original, and was introduced to call attention to what was considered the bye-business of the court. 2 Tidd. Pfac. 775. Memorandum is applied, also, to other forms and documents in English practice; e. g., “memorandum in error,” a document alleging error in fact, and accompanied by an affidavit of such matter of fact. 15 & 16 Vict. c. 76, § 158. Also, a “memorandum of appearance,” etc., in the general sense of an informal instrument, recording some fact or agreement. A writing required by the statute ol frauds. Vide “Note or Memorandum.” In Insurance. A clause in a policy limiting the liability of the insurer.
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Memorandum in Historical Law
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