Legal Definitions - recital

A recital has two primary meanings in a legal context:

• First, it can refer to a detailed account or description of facts, events, or circumstances. This usage is about narrating or recounting information.

  • Example 1: During a police interview, a witness provided a detailed recital of everything they saw happen at the intersection just before the collision, including the colors of the traffic lights and the direction each car was traveling.

    Explanation: This illustrates a comprehensive telling of observed facts and events.

  • Example 2: The historian's new book offered a compelling recital of the political negotiations that led to the signing of the international treaty, outlining each step and the key figures involved.

    Explanation: Here, "recital" refers to a thorough description of a sequence of historical events and their context.

• Second, and more specifically in legal documents, a recital (often pluralized as "recitals") is an introductory statement that provides background information, explains the purpose of the agreement, or states key facts that led the parties to enter into the document. These statements typically appear at the beginning of contracts, deeds, or other legal instruments and help clarify the context and intent behind the legal obligations that follow. Traditionally, such recitals often begin with the word "WHEREAS."

  • Example 1: In a commercial lease agreement, the initial recitals might state: "WHEREAS, Landlord owns the property located at 123 Main Street, and WHEREAS, Tenant desires to lease a portion of said property for its retail business..."

    Explanation: These statements establish the foundational facts (ownership, desire to lease) that provide the context for the detailed terms of the lease agreement that follow.

  • Example 2: A software development contract could include recitals explaining: "WHEREAS, Tech Solutions Inc. possesses expertise in artificial intelligence programming, and WHEREAS, Global Innovations Corp. seeks to commission the development of a custom AI application..."

    Explanation: These introductory clauses outline the capabilities of one party and the needs of the other, setting the stage for the contractual obligations related to software development.

  • Example 3: Before the main body of a settlement agreement, there might be recitals detailing: "WHEREAS, a dispute arose between Party A and Party B concerning a breach of contract claim, and WHEREAS, both parties desire to resolve this dispute amicably without further litigation..."

    Explanation: These statements clearly define the nature of the dispute and the shared intention to settle it, providing the rationale for the terms of the settlement that follow.