Witnesseth that: Overview, definition and example
What is "witnesseth that"?
Witnesseth that is a formal and traditional phrase used in legal documents, particularly in contracts and deeds, to introduce the operative provisions or terms of the agreement. It is derived from older legal language and essentially means "it is hereby acknowledged that" or "it is agreed that." The phrase serves as a transition from the introductory recitals or preamble (which provide background information or context) to the specific obligations, conditions, and terms that the parties have agreed to.
While its usage is less common in modern legal drafting, it is still found in certain formal agreements, especially in real estate transactions or other traditional legal documents.
Why is "witnesseth that" important?
"Witnesseth that" is important because it marks the point in the document where the actual contractual terms are presented. It formalizes the transition from explaining the context of the agreement to specifying the actions or obligations of the parties involved. The phrase underscores that the following terms are those agreed upon by both parties.
Even though "witnesseth that" is largely considered old-fashioned today, it remains a part of legal tradition in some jurisdictions or specific types of contracts.
Understanding "witnesseth that" through an example
In a real estate deed, the document begins with an introduction outlining the parties involved and the intent of the transaction. After this introductory section, the phrase "witnesseth that" is used to introduce the actual terms, such as the sale price, the transfer of ownership, and other specific conditions.
An example of "witnesseth that" in a contract
Here’s how "witnesseth that" might appear in a contract:
“This Agreement, made and entered into by and between [Party 1] and [Party 2], witnesseth that: (1) Party 1 agrees to sell the property located at [Insert Address] to Party 2 for the sum of $[Insert Amount], payable upon execution of this Agreement; (2) The Parties agree to the following terms and conditions as outlined in Exhibit A.”
Conclusion
Witnesseth that is a formal legal phrase used to introduce the operative provisions of an agreement or deed. While it may not be commonly used in modern contracts, it serves as a traditional method of signaling that the following terms outline the actual binding commitments of the parties involved. Understanding this phrase can help in interpreting older legal documents or formal agreements that retain traditional language.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.