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Simple English definitions for legal terms
whereas
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A quick definition of whereas:
Term: WHEREAS
Definition: Whereas is a word used to show contrast or to introduce a fact. It can be used to introduce a statement that is different from what was previously mentioned. For example, "I like ice cream, whereas my sister prefers cake." It can also be used in legal documents to introduce a recital or preamble, which is a statement of facts that explains the purpose of the document. However, modern drafters prefer to use a simple heading instead of the legalistic whereases.
A more thorough explanation:
Definition: Whereas is a conjunction that is used to contrast two things or to introduce a fact that is important for a legal agreement or contract.
- While by contrast: McWilliams was stopped at 10:08 p.m. wearing a green hat, whereas the assailant had been identified at 10:04 p.m. wearing a black hat.
- Given the fact that: Whereas, the parties have found that their 1994 agreement did not adequately address incidental expenses... and Whereas, the parties have now decided in an equitable sharing of those expenses... Now, Therefore, the parties agree to amend the 1994 agreement as follows...
The first example shows how whereas is used to contrast two things. In this case, it is used to show the difference between what McWilliams was wearing and what the assailant was wearing.
The second example shows how whereas is used to introduce an important fact in a legal agreement or contract. In this case, it is used to introduce the fact that the 1994 agreement did not address incidental expenses adequately, which is important for the parties to agree on how to share those expenses equitably.