Improve Recitals and Consideration Clauses with Plain Language

Authors

David Spratt, American University Washington College of LawFollow

Document Type

Article

Publication Date

Spring 2021

Journal

VBA Journal

Volume

48

Issue

1

First Page

14

Last Page

15

Abstract

As used in a "WHEREAS" clause, the term "whereas" simply means "considering that" or "that being the case." There is no legal effect to the word "whereas." It, like many other words used in standard contract boilerplate, is left over from some long-forgotten era of legal writing when lawyers used big words and legalese to impress clients with their intelligence and to justify their bills. These times have (or at least should have) passed. Today, documents must be accessible to those who use them: in most cases the clients for whom such documents are drafted.

Recommended Citation

David Spratt, Improve Recitals and Consideration Clauses with Plain Language, 48 VBA Journal 14 (2021).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/2133