Recitals

How it is used

Usually labelled A, B, C under the heading 'Recitals' or 'Background'. They are generally not binding obligations, but courts may use them to interpret the operative clauses. Modern plain-English drafting replaces 'Whereas' with simple sentences.

Example sentences

1. The recitals explain that the parties want to develop the software together.

2. Please update the recitals, as the project name has changed.

Common collocations

• the recitals
• whereas clauses
• background section
• operative provisions

Related terms

• draftTo write the text of a contract or legal document carefully; as a noun, a version of a document that is not yet final.
• clauseA numbered section of a contract that deals with one specific subject, such as payment, confidentiality or termination.
• partyA person or organisation that has signed a contract or is directly involved in a legal agreement or dispute.
• contractA legally binding agreement between two or more parties in which each side promises to do, or not to do, certain things.

More terms: Contract Terms & Clauses

• obligation
• governing law
• force majeure
• indemnity
• warranty
• term
• condition
• representation
• limitation of liability
• confidentiality clause
• amendment
• waiver