In Law French, “de bonne memoire” or “de bone memorie” means “of sound mind” or “of good memory.” It describes a person who is mentally capable and has a good memory. This term is connected to the legal concepts of “mind and memory” and “compos mentis.”
De bonne memoire, which means “of sound mind” or “of good memory,” is a term utilised in Law French. The judge affirmed that the defendant possessed de bonne memoire and was therefore competent to undergo trial. Prior to finalizing the contract, the lawyer ensured that her client was mentally capable and comprehended the terms. These instances illustrate how de bonne memoire is employed to describe individuals who possess mental capacity and a good memory. In the first scenario, the judge confirms the defendant’s mental fitness to stand trial. In the second scenario, the lawyer verifies her client’s mental capability to comprehend the contract before signing it.
De Bonne Memoire refers to a legal principle that allows a person to be excused from fulfilling a contractual obligation due to a significant change in circumstances that was unforeseeable at the time of entering into the contract.
De Bonne Memoire can be invoked when there is a substantial change in circumstances that makes it impossible or impracticable for a party to fulfill their contractual obligations. It provides a legal defence for non-performance.
A substantial change in circumstances can include events such as natural disasters, war, government regulations, or economic crises that significantly impact the ability of a party to perform their contractual obligations.
De Bonne Memoire can be used as a defence in various types of contracts, including commercial contracts, employment contracts, and lease agreements, among others. However, its applicability may vary depending on the jurisdiction and specific contract terms.
Yes, to successfully invoke De Bonne Memoire, it is generally required to demonstrate that the change in circumstances was unforeseeable at the time of entering into the contract. This means that the party could not have reasonably anticipated or prepared for the event.
If De Bonne Memoire is successfully invoked, the party seeking relief may be excused from performing their contractual obligations. Depending on the circumstances, the contract may be terminated, modified, or temporarily suspended.
Yes, parties can include a waiver of De Bonne Memoire in their contract. This means that they agree not to invoke this principle even if there is a substantial change in circumstances. However, such waivers may not always be enforceable, especially if they are deemed to be against public policy.
De Bonne Memoire can potentially be used as a defence against financial obligations if the change in circumstances makes it impossible or impracticable for a party to fulfill their payment obligations. However, the specific circumstances and applicable laws will determine the outcome.
The time limitations for invoking De Bonne Memoire can vary depending on the jurisdiction and the nature of the contract. It is advisable to consult with a legal professional to determine the applicable time limitations in a specific case.
No, De Bonne Memoire is not applicable in criminal cases. It is a principle primarily used in civil law to address contractual obligations. Criminal cases involve different legal principles and defences.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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