| Commentary

3.2 Descriptions of parties

| Commentary


(For sample descriptions of parties, see Form 3.1 [1027] onwards.)

3.1 Identifying the parties

Every contract should unambiguously identify the parties to the document1. One obvious reason for this is that it makes clear which person has obligations under a contract, and is to be served with legal proceedings in the event of a breach of contract. In agreements made under English law, it is conventional to state at the head of the agreement, in separate numbered paragraphs:

  1. (a)

        the correct legal name of each party;

  2. (b)

        the party’s legal status, for example, private or public limited company, a partnership,

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