Whereas

Whereas is a term used in legal and formal documents, often seen in the preamble of resolutions, contracts, and legal documents. It is used to indicate a statement of fact or reason for the action that follows.

Usage

In legal documents, "whereas" is used to express a precondition, a premise, or a reason for something else that is mentioned in the same sentence or paragraph. It is often used in the preamble of a contract or resolution to set out the reasons or facts that underpin the subsequent legal action.

For example, in a contract, the "whereas" clause might state: "WHEREAS, Party A wishes to purchase goods from Party B, and Party B wishes to sell such goods to Party A..." This sets out the basic facts and intentions of the parties involved.

Etymology

The term "whereas" is derived from Middle English, where it was used in the sense of "considering that" or "since". It is a combination of the words "where" and "as", and has been used in legal and formal English since at least the 14th century.

In Legislation

In legislation, "whereas" clauses are used in the preamble to set out the reasons or justifications for the enactment of the law. They provide context and background, but do not form part of the operative provisions of the law.

For example, a law might begin: "WHEREAS, it is necessary to regulate the sale of goods in order to protect consumers..." This provides the rationale for the law, but the specific regulations would be set out in the sections that follow.

Criticism

Some legal experts have criticized the use of "whereas" clauses as being archaic and unnecessary. They argue that the reasons for a contract or law should be clear from the operative provisions, and that "whereas" clauses can create confusion or ambiguity.

See Also

• Contract
• Legislation
• Preamble
• Legal English