Glossary entry

English term or phrase:

each of which shall be an original but of which, taken together, shall ...

English answer:

each copy is deemed an original; it is executed in 3 counterparts or exemplars.

Added to glossary by ivo abdman
Nov 1, 2008 04:07
16 yrs ago
68 viewers *
English term

each of which shall be an original but of which, taken together, shall ...

English Law/Patents Law: Contract(s)
Context
This MOU is executed in three (3) copies, each of which shall be an original but of which, taken together, shall constitute one and the same instrument

Would you like to explain me what their meaning, copy but original ? but of which ? is there something missing ?. It is possibly Thailand document

TIA

Regards
Ivo
References
...but all of which...

Discussion

Silvia Brandon-Pérez Nov 9, 2008:
Thank you for the congratulations; many of us worked for a long time to elect a good man and get rid of a blight upon the body politic. We have elected a very good man, and worked long and hard at it. Now for an end to war and torture...
Silvia Brandon-Pérez Nov 3, 2008:
writing or speaking, and relied on 'legalese' without frequently knowing exactly what it was they were writing about. I speak from thirty years of knowledge within the profession itself, and that is how I dare.
Silvia Brandon-Pérez Nov 3, 2008:
I graduated from Seton Hall University School of Law in 1976 and was a practicing attorney until 2003, a trial lawyer and an appellate lawyer; I won a large number of cases. During that time I found many fellow attorneys who were less than apt at
ivo abdman (asker) Nov 3, 2008:
your first explanation is the best possibility, since many contract document just rewrite, there is possibility somekind of typo or missing word happens.

about lawyer :) do you have any support for the theory, e.g. statistical data?, is about lawyer in whole the world ? any experience when deal with lawyer ? how you make judgement your English better than them ? how dare you :) ?
Silvia Brandon-Pérez Nov 1, 2008:
worded English. And not because it may have been drafted in Thailand, but because many lawyers are poor writers.
Silvia Brandon-Pérez Nov 1, 2008:
It should say 'but each of which' instead of 'but of which.' It just means each separate 'copy' of the document, when taken together, is one document. You have three documents which equal one original document. It is not an idiom, it is just badly

Responses

+2
5 mins
Selected

each copy is deemed an original; it is executed in 3 counterparts or exemplars.

Even though it says copy it does not exactly mean copy but rather counterpart. We used to draft property settlement agreements in my firm in four original counterparts, that is, we printed four originals, but in some firms the secretary would print the first original and then make 3 copies, each of these would be signed and executed by all parties, so the husband and wife could each have one, the court could have one, and the office (lawyer) could have one. Don't be misled by the use of the word copy. What it means is that four exemplars of the same document are being executed simultaneously, so that each of the fully executed documents is then itself an original.
Note from asker:
make sense, and about "but of which" is it a kind of idiom ? would you explain about that
Peer comment(s):

agree orientalhorizon : yes, the instrument is made in triplicate here.
4 mins
Thank you!
agree cmwilliams (X) : yes, and should read '........but all of which, taken together....'
3 days 4 hrs
Yes, actually, all of which fits this context better, I totally agree, thank you!
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4 KudoZ points awarded for this answer. Comment: "thanks, and congratulation for the elected president ..."
11 hrs

"copies" should be "duplicates".

1. This MOU is executed in three (3) copies = The MoU is executed by 3 different persons (representing 3 different parties) in 3 duplicates. There 3 persons may live in different places. Each person signs on one duplicate, and then fax it to someone to combine the 3 duplicates together.

2. each of which shall be an original = all 3 duplicates are regarded as originals

3. but of which, taken together, shall constitute one and the same instrument = all 3 duplicates, taken together, shall form one agreement (the MoU).

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Note added at 1 day4 hrs (2008-11-02 08:33:32 GMT)
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We often see an executed contract or agreement, with the main body of the contract together with serveral signature pages, each page signed by one signatory and usually sent by fax or in a pdf format.

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Note added at 1 day4 hrs (2008-11-02 08:47:50 GMT)
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A paragraph drafted by a lawyer in my previous law firm reads like this:

This Agreement and each other Refinancing Document may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.

"Copies" is the wrong word to used here, "duplicates" is the corrent one.
Note from asker:
thanks
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Reference comments

5 hrs
Reference:

...but all of which...

I think there's a word missing and it should read ... but all of which ...

This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which, taken together, shall 5 <PAGE> 6 ...
contracts.corporate.findlaw.com/agreements/sco/canopy.sea.1999.12.30.html

Two or more duplicate originals of this Amendment may be signed by the parties hereto, each of which shall be an original but all of which together shall ...
www.secinfo.com/dASEe.64.d.htm
Note from asker:
thanks, the best possibility
Peer comments on this reference comment:

agree orientalhorizon
6 hrs
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