Legal Definitions - clause

A clause is a distinct section or specific provision within a legal document, such as a contract, will, statute, or resolution. It outlines a particular condition, obligation, right, or rule.

• Example 1 (Contract): In a commercial lease agreement, a clause might state, "The tenant is responsible for all utility costs, including electricity, water, and gas, incurred during the lease term."
  • Explanation: This specific sentence forms a distinct part of the contract, clearly defining a financial obligation for the tenant.
• Example 2 (Will): A last will and testament might contain a clause that reads, "I appoint my sister, Jane Doe, as the guardian of my minor children, John and Mary Smith."
  • Explanation: This clause clearly specifies a particular instruction regarding the care of the children, forming a distinct directive within the larger document.

Several specific types of clauses are common in legal contexts:

Enacting Clause

An enacting clause is a specific introductory statement found in a statute or law, declaring the authority by which the law is made and often indicating when it takes effect. It formally establishes the legislative body's power to create the law.

• Example 1 (Federal Law): The beginning of a U.S. federal law might state, "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That..."
  • Explanation: This clause formally asserts that the law is being passed by the U.S. Congress, establishing its legal legitimacy and authority.
• Example 2 (State Law): A state legislature might open a new public health act with, "Be it enacted by the General Assembly of the Commonwealth of [State Name], as follows..."
  • Explanation: This clause identifies the specific state legislative body (the General Assembly) as the source of the law's authority, making it legally binding within that state.

Resolving Clause

A resolving clause is similar to an enacting clause but is used to introduce a resolution, which is a formal expression of opinion, intention, or a decision by a legislative body or organization, rather than a binding law. It typically begins with "Resolved, That..."

• Example 1 (City Council Resolution): A city council resolution to establish a new public park might begin, "Resolved, That the City Council of Springfield hereby approves the allocation of funds for the development of Willow Creek Park..."
  • Explanation: This clause formally introduces the council's decision to fund and develop the park, setting the stage for the resolution's substantive details.
• Example 2 (Professional Organization Resolution): A professional association's board might pass a resolution stating, "Resolved, That the Board of Directors commends Dr. Elena Rodriguez for her outstanding contributions to the field of neuroscience..."
  • Explanation: This clause signals the board's formal decision to acknowledge and praise Dr. Rodriguez, making it an official statement of recognition.

Operative Clause

An operative clause is the part of a legal document, such as a statute, contract, or resolution, that actually creates rights, imposes obligations, or dictates actions. Unlike introductory statements or recitals, an operative clause has direct legal effect and is the core provision that "operates" or takes effect.

• Example 1 (Contract): In a service agreement, the operative clause might be, "The service provider agrees to deliver monthly website maintenance and security updates for a period of twelve months."
  • Explanation: This clause directly defines the specific services and duration of the obligation, making it the part of the contract that has legal force and dictates what must be done.
• Example 2 (Statute): Following an enacting clause, a statute might contain an operative clause stating, "All employers with more than 50 employees shall provide paid parental leave for a minimum of six weeks."
  • Explanation: This clause directly imposes a new legal requirement on certain employers, making it the part of the law that creates a specific obligation.

Whereas Clause

A whereas clause is an introductory statement in a legal document, often a contract, resolution, or legislative act, that provides background information, context, or justification for the subsequent provisions. It typically begins with the word "Whereas."

• Example 1 (Contract Preamble): In a joint venture agreement, a "whereas clause" might state, "Whereas, Party A possesses proprietary technology for renewable energy solutions; and Whereas, Party B has extensive market distribution channels..."
  • Explanation: These clauses set the stage by explaining the respective strengths and motivations of the parties, providing context before the actual terms of their collaboration are detailed.
• Example 2 (Resolution Background): A resolution to declare a local historical landmark might include, "Whereas, the Old Mill building was constructed in 1885 and played a significant role in the town's industrial heritage; and Whereas, its architectural style is unique to the region..."
  • Explanation: These clauses provide the historical and architectural rationale and justification for the resolution, explaining *why* the Old Mill building is being considered for landmark status before the resolution formally declares it.