Legal Definitions - whereas

The term "whereas" is used in legal and formal contexts to introduce information, and it carries two distinct meanings:

• 1. To introduce a contrasting or opposing idea: In this sense, "whereas" functions similarly to "while by contrast" or "although," highlighting a difference between two statements or facts.
  • Example 1 (Business Context): "The company's sales figures for the first quarter showed a significant increase in the European market, whereas sales in the North American market experienced a slight decline."

    Explanation: Here, "whereas" is used to draw a direct comparison and contrast between the performance in two different geographical markets, showing that one increased while the other decreased.

  • Example 2 (Legal Argument): "The prosecution presented evidence suggesting the defendant was at the scene of the crime, whereas the defense introduced an alibi witness who testified the defendant was out of state."

    Explanation: This example uses "whereas" to highlight the conflicting evidence and arguments presented by opposing sides in a legal case.

• 2. To introduce background facts or reasons: In formal documents such as contracts, resolutions, or legislative acts, "whereas" is used to state the foundational facts, premises, or reasons that lead to the subsequent declaration, agreement, or action. It means "given the fact that" or "since." These clauses often precede a "Now, Therefore" statement.
  • Example 1 (Corporate Resolution):

    "Whereas, the Board of Directors has determined that the current office space is insufficient to accommodate the growing workforce; and

    Whereas, a suitable new property has been identified that meets all operational requirements;

    Now, Therefore, be it resolved that the company shall proceed with the acquisition of the new headquarters building."

    Explanation: In this corporate resolution, the "whereas" clauses lay out the factual justifications (insufficient space, suitable new property) that provide the basis for the Board's decision to acquire a new building.

  • Example 2 (Memorandum of Understanding):

    "Whereas, Organization X and Organization Y share a common objective to promote environmental sustainability in the region; and

    Whereas, both organizations possess unique expertise and resources that would be complementary in a joint effort;

    The parties hereby agree to establish a collaborative program for waste reduction and recycling initiatives."

    Explanation: Here, "whereas" introduces the shared goals and complementary strengths of the two organizations, explaining the underlying reasons and context for their decision to enter into a collaborative agreement.