Also known as: recitals · recite · recites · recited · reciting · preamble · whereas clause
Written by attorneys · grounded in primary & secondary sources — see below
A preliminary statement in a contract, deed, will, or other legal instrument that narrates background facts, reasons for the transaction, or the existence of particular circumstances.
Roland Rhodes executed a revocation of his prior will that recited his belief his son had predeceased him. When evidence later showed the son was alive, the revocation was presumptively ineffective because it rested on the recited false assumption of fact.
Rhea Reynolds signed a written offer to sell land to Ravi Reddy that recited receipt of one dollar as consideration for keeping the offer open. The recital satisfied the writing requirement and converted the offer into an irrevocable option contract.
Select any source to read its text and confirm it supports the definition.
Rina Rahman executed a document reciting that it was her last will and testament solely to induce her boyfriend to marry her. Extrinsic evidence showed the recital was false and the instrument was not intended as a will, rendering it ineffective.
Robert Rivera obtained a pretrial order that recited the action taken at conference and listed admitted facts. The recital controlled the course of litigation unless modified by the court under applicable rules.
Rajesh Rao's utility company challenged a commission order that recited the company's advertising expenditures and banned promotional ads. The recital of facts framed the commercial speech restriction under the Central Hudson test.
Redwood Bank sought reinstatement after administrative dissolution. The certificate recited the ground of unpaid taxes as the basis for dissolution and its effective date.
No. A recital of fact in an integrated agreement may be shown to be untrue by extrinsic evidence.
A revocation is presumptively ineffective if the testator made it because of a false assumption of law or fact that is recited in the revoking instrument or proved by clear and convincing evidence.
A signed writing that recites a purported consideration for the offer and proposes an exchange on fair terms within a reasonable time is binding as an option contract.
Yes. An instrument appearing to be a will that contains recitals such as 'this is my Last Will' raises only a rebuttable presumption of testamentary intent, and extrinsic evidence may show it was executed for a collateral purpose.
…applied to abortion; that the English ecclesiastical courts seem to have lost interest in the problem after 1527; and that the preamble to the English legislation of 1803, 43 Geo. 3, c. 58, § 1, referred to in the text, infra , at 136, states that "no adequate means have been hitherto provided for the prevention and…