| Commentary

2.3 Wording of recitals

| Commentary

2.3 Wording of recitals

Recitals are not the place for setting out obligations. Nor should obligations that appear later in the contract be summarised in a recital, except with qualifying wording such as:

‘in accordance with the provisions of this Agreement’

It is also suggested that words such as:

‘the parties have agreed’

should not appear in a recital, if all that is meant is that the parties are willing to sign the agreement of which the recitals form a part, as such wording could be misunderstood as referring to a pre-existing agreement. Instead, the contract drafter should indicate that the parties are willing

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial