Legal Definitions - narrative recital

A narrative recital refers to a section within a legal document that provides background information, context, or a statement of facts in an explanatory or story-like manner. These sections typically appear at the beginning of a document, such as a contract, will, or court order, and serve to set the stage by outlining the circumstances, intentions, or history relevant to the main provisions that follow. Unlike the operative clauses that dictate actions or obligations, narrative recitals explain why the document exists or what led up to its creation.

Here are some examples to illustrate this concept:

• Example 1: A Business Partnership Agreement

  Imagine a contract forming a new business partnership. Before the sections detailing each partner's responsibilities and profit shares, there might be an introductory paragraph stating: "WHEREAS, Partner A has developed proprietary software for renewable energy management, and WHEREAS, Partner B possesses extensive experience in marketing and distributing sustainable technology solutions, and WHEREAS, both parties desire to combine their unique strengths to launch an innovative platform for smart grid optimization..."

  Explanation: This introductory paragraph acts as a narrative recital. It doesn't create any direct obligations or rights but explains the motivations, complementary skills, and shared goals of the partners, providing the essential background that justifies the formation of the partnership agreement.

• Example 2: A Last Will and Testament

  Consider a will where the testator (the person making the will) wants to explain a specific decision regarding their estate. A recital might state: "I, [Testator's Name], being of sound mind, and having previously established a substantial trust fund for my eldest child, Michael, to support his medical education, now wish to ensure that my younger child, Emily, receives a larger portion of my remaining liquid assets to assist with her entrepreneurial endeavors, thereby striving for equitable support between my children..."

  Explanation: This is a narrative recital because it provides a personal explanation and context for the testator's decision regarding the distribution of assets, rather than directly dictating the distribution itself. It tells the "story" or reasoning behind the specific bequests.

• Example 3: A Court Judgment or Order

  In a court judgment resolving a property dispute, the initial paragraphs might outline the procedural history and undisputed facts: "The Court, having reviewed the plaintiff's complaint filed on March 10, 2022, concerning a boundary dispute between adjacent properties, and the defendant's counterclaim filed on April 20, 2022, and having presided over a two-day bench trial on September 5-6, 2023, during which expert testimony regarding land surveys was presented..."

  Explanation: This section serves as a narrative recital by summarizing the key procedural steps and factual background that led to the court issuing its judgment. It provides the necessary historical and contextual information for understanding the court's subsequent findings of fact and legal conclusions.