As a professional, I understand the importance of clear and concise language in all forms of written communication, including contracts. Part of my responsibility is to ensure that all clauses in a contract are properly written and understood by all parties involved. One type of clause that often comes up in contract language is a whereas clause. But are whereas clauses actually a part of the contract? Let’s delve into this topic further.
A whereas clause is a type of introductory clause that is used to provide background or context to a section or main clause in a contract. It typically begins with the word “whereas” and is followed by a statement of fact or intention. These clauses are not legally binding like the main clauses of the contract but they are still an important part of the overall document.
The purpose of whereas clauses is to provide context and explain the reasons for certain provisions in the contract. They set the stage for the agreement and help to clarify the intent of the parties involved. For example, a whereas clause may be used to explain why a party is entering into a particular transaction or to describe certain facts or events that led to the agreement.
So, are whereas clauses actually part of the contract? The answer is both yes and no. Whereas clauses are not legally binding themselves and do not create any obligations on the parties involved. However, they are still an important part of the contract and can be used to interpret the intentions of the parties.
In some cases, whereas clauses may be used to provide evidence of the parties` intent if there is a dispute over the interpretation of the contract`s main clauses. These clauses can also be used to support the enforceability of certain provisions by providing additional context or explanation.
In summary, whereas clauses are an important part of a contract, albeit in a different way than the main clauses. They provide important contextual information and can be used to support the enforceability of the agreement. While they are not legally binding on their own, they are still an essential component of a well-drafted contract. As a professional, I always ensure that whereas clauses are properly written, clear, and effective in their intended purpose.