Commentary

3.5 Use of ‘party’ and ‘parties’

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

3.5 Use of ‘party’ and ‘parties’

| Commentary

3.5 Use of ‘party’ and ‘parties’

In an agreement, there may be provisions that apply to any party or all the parties. An example is:

‘Nothing in this agreement shall be deemed to constitute a partnership between the parties nor constitute any party to be the agent of the other party.’

Often a definition is added to the definitions section of an agreement to indicate clearly that any reference in a provision to the ‘parties’ is to mean the parties named in the agreement and that a reference to any ‘party’ is a reference to any one of them. For

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