Commentary

39 Recitals, or background paragraphs

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

39 Recitals, or background paragraphs

| Commentary

39 Recitals, or background paragraphs

Recitals, or background paragraphs set out the factual background to the agreement, and the aspirations of the parties. They should not normally contain any enforceable obligations2.

They can be used to set out:

  1. 39.1

        why the parties are entering into the agreement;

  2. 39.2

        why the parties have chosen each other;

  3. 39.3

        any particular expertise or technical resources that a party has or is claiming to have;

  4. 39.4

        the particular need or requirement that a party has;

  5. 39.5

        uncontested facts;

  6. 39.6

        the other agreements the parties have entered into (together with the name

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