What Does “Witnesseth” Mean in a Contract?
An archaic legal term meaning "takes notice" or "bears witness," traditionally used to introduce the main body of a contract after the recitals.
Detailed Explanation
"Witnesseth" is an old English legal term that was traditionally used as a transition between the introduction of a contract and its substantive terms. It essentially means "this document bears witness to the following agreement."
While considered antiquated by modern drafting standards, you'll still encounter it in older contracts, real estate documents, and some traditional law firms' templates. Modern contracts often simply use "The parties agree as follows:" instead.
Example in a Contract
“NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the parties witnesseth and agree as follows:”
Why It Matters
While "witnesseth" itself doesn't create obligations, it signals the transition to binding terms. Everything after this word is typically the enforceable part of the contract.
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