Sheldon had his attorney draw up the corporate and partnership papers, and the attorney showed them to Mario. They seemed straightforward, and sensible. To avoid the cost of an attorney, Mario asked his neighbor, an attorney, to give them a quick look-over. Three years later, though their construction business was growing quite fast, Mario and Sheldon were at odds with each other.
In response, Mario was quick to point out certain language in the papers that said the following:. Whereas, Mario and Sheldon are both experienced in the construction business, and. Whereas, Mario and Sheldon would like to join their efforts together, and. Now, therefore, to accomplish that, Mario and Sheldon enter into this agreement.
These words, Mario insisted, showed that he was a one-half owner of the company. The problem was this: it was not true.
We also explained to Mario that nowhere else — either in this particular agreement or any other — did Sheldon agree to hand over one-half of the business to him. The result: Mario went on to retain another law firm and he pursued a very nasty lawsuit in which Mario had no real good argument. It only takes a minute to sign up. Connect and share knowledge within a single location that is structured and easy to search.
I am looking at the Democratic and Republican Party Platform documents, and noticed this strange wording :. WHEREAS, All platforms are snapshots of the historical contexts in which they are born, and parties abide by their policy priorities, rather than their political rhetoric;. To me it doesn't make any sense how this is structured. Why is it done this way? It seems like a bunch of partial run-on and incomplete sentences.
The clauses end with semicolons; they are not structured as complete sentences but as introductory clauses in legalese. In the law the term whereas also is used as the introductory word to a recital in a formal document. A recital contains words of introduction to a contract, statute, proclamation, or other writing. Related-transaction recitals: a preamble might well include one or more recitals regarding agreements being entered into at the same time.
A step-up recital: many drafters prefer to express a general intention stating that the parties desire to reflect the preceding considerations in writing. Such a lead-in serves a similar purpose as the words of agreement and is redundant. For example, do not write: Considering: A that Seller is a major supplier of Products in the semiconductor industry; B that Purchaser desires to establish reliable principles for forecasting, ordering and accepting Products; and C that the Parties desire to put the terms and conditions of their agreement in writing.
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Inappropriate Contains mature or sensitive content. Misinformation Contains misleading or false information. Offensive Contains abusive or derogatory content. Suspicious Contains spam, fake content or potential malware. The whereas clause may properly be used in interpreting the contract. However, it is not an essential component for its operative provisions. Court orders typically use whereas clauses before the clause or clauses containing the directions of the court.
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