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turned
bloody Nora
Nov 8, 2005 13:17
19 yrs ago
25 viewers *
English term

THIS AGREEMENT made between.......Witnesseth

Non-PRO English Law/Patents Law: Contract(s) correct use of words
In the following paragraph, is the word Witnesseth correct?
If not, what is the correct word to be used?

THIS AGREEMENT made and entered into by and between GC NAME (as agent for the owner) hereinafter called the General Contractor and SUBCONTRACTOR NAME, hereinafter called the Subcontractor, for the project known as PROJECT NAME WITNESSETH:
remainder of contract follows including the price and entire scope of work, terms, conditions etc.
Responses
3 +3 useless verbiage
4 +10 Witnesseth is correct

Responses

+3
28 mins
Selected

useless verbiage

While it is correct in this context, words like "witnesseth" are now considered by many to be "useless verbiage" and should be avoided if possible (see (e) on page 6 here: http://lscontent.westlaw.com/pdf/Redbook.pdf ). ;-)
Peer comment(s):
neutral humbird : Useless or not they are used in legal documents way too often.
42 mins
agree David Knowles : Wonderful reference! I'll keep this!
4 hrs
Isn't it? I just found it yesterday and then this question came along. I thought it was the perfect opportunity to share it with everyone. :-)
agree Berni Armstrong : as a supporter of the campaign for real English, I totally agree!
10 hrs
agree CristianaC : thanks, just passing by- great reference
2635 days
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4 KudoZ points awarded for this answer. Comment: "Straight and Forward works best for me. Thank you!"
+10
3 mins

Witnesseth is correct

It is an archaic form of "witnesses", but such archaic forms are often still used in legal documents.
Peer comment(s):
agree Brie Vernier
1 min
Thank you.
agree Enza Longo
3 mins
Thank you.
agree Kim Metzger : Meaning "to take notice of". http://www.nolo.com/definition.cfm/Term/EFA53A5D-4ECB-4245-B...
4 mins
Thank you. Interesting definition. I would have thought it meant something like "certifies the authenticity of the following".
agree Robert Forstag
12 mins
Thank you.
agree Armorel Young : yes, it's the old -th ending for the 3rd person singular, as in "he doth" or "he seeketh" (lots of examples in Shakespeare or the King James version of the Bible)
16 mins
Thank you.
agree Patricia Fierro, M. Sc.
29 mins
Thank you.
agree humbird : Yes, lawyers like this kind of stuff, thinking it brings more authority.
1 hr
Thank you. Yes, either that, or they think it confuses people and makes them more likely to hire a lawyer.
agree Veronica Prpic Uhing
1 hr
Thank you.
agree Dave Calderhead : and with your comment about making more work for other lawyers (;-{)>
3 hrs
Thank you.
agree Alfa Trans (X)
17 hrs
Thank you.
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