If you’re reading legal documents, it’s common to come across phrases like “this agreement made this” or “this agreement made and entered into as of.” These phrases are known as recitals or introductory clauses, and they serve an important purpose in legal documents.
The purpose of these phrases is to establish the identity of the parties involved in the agreement and the date and location of the agreement. By including these details at the beginning of the document, it helps to clarify the intentions and expectations of the parties involved. This can help ensure that everyone is on the same page and minimizes the chances of disputes arising later on.
When drafting these phrases, it’s important to ensure that the language used is clear and concise. The parties’ names should be spelled correctly and consistently throughout the document, and the date and location should be accurately recorded.
In addition to serving a practical purpose, these introductory clauses can also have legal implications. For example, including a specific date or location can help to determine which laws apply to the agreement. This is particularly important when dealing with international agreements, where different laws may apply in different jurisdictions.
It’s also worth noting that the language used in these phrases can have implications for the rest of the document. For example, if the agreement is described as “made and entered into” rather than simply “made,” it may be interpreted as creating a more formal or binding agreement. As such, it’s important to carefully consider the language used and its potential implications.
Finally, it’s worth noting that these phrases may not always be necessary. In some cases, the parties involved may choose to omit the introductory clauses and simply begin the agreement with the substantive terms. However, if you’re unsure whether or not to include these phrases in your legal document, it’s always advisable to seek the advice of a qualified legal professional.
In conclusion, phrases like “this agreement made this” or “this agreement made and entered into as of” serve an important purpose in legal documents. They help to establish the identity of the parties involved, the date and location of the agreement, and can have legal implications for the rest of the document. When drafting these phrases, it’s important to ensure that the language used is clear and concise, and to seek the advice of a qualified legal professional if necessary.