“IN WITNESS WHEREOF, I HAVE SIGNED THIS CONTRACT”?


In this article, we will break down the notion “in witness whereof” so you know all there is to know about it.

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We will look at its meaning, the history of the term, the different variations of the expression, its use in contracts, alternatives and more.

Are you ready lớn find out?

Let’s get started!


In witness whereof meaning 

In most contracts, you’ll come across a statement that says “in witness whereof” generally on the same page as the signature page.

What does in witness whereof mean?

The term “witness” suggests that the signing tiệc nhỏ is providing an attestation or certification.

The term “whereof” makes reference lớn what is in the contract.

In essence, the statement in witness whereof can be read khổng lồ mean “khổng lồ demonstrate their agreement”. 


The expression in witness whereof means that a person signing the legal document is certifying the nội dung of what’s in the document.

In witness whereof, the undersigned has caused the present agreement lớn be executed can read as “I certify that I have sầu signed this”.

History of the expression 

In ancient Latin deeds, they used “in cujus rei testimonium” as a concluding statement in their legal documents.

In cujus rei testimonium means in testimony whereof. 

Eventually, it got translated into lớn English as in witness whereof.

Initially, the term in witness whereof was used khổng lồ refer khổng lồ a person witnessing the signature of the contract.

Eventually, over time the clause became a boilerplate language in a contract entered inkhổng lồ between private parties to atchạy thử that they recognize they are signing a legal contract.


In witness whereof variations

What are the different variables of the “in witness whereof” statement?

There are a few variations:

In witness whereof In witness thereof In witness hereof In testimony whereof 

These variations mean the same thing.

In witness whereof clause 

The in witness whereof clause generally appears at the kết thúc of a contract right before the contract signature page và can be written in a variety of ways.

Here are some in witness whereof examples of how the in witness whereof statement can appear in a contract:


In witness whereof the parties have caused this agreement lớn be signedIn witness whereof the undersigned has executed this agreementIn witness whereof the undersigned duly authorized to lớn enter inlớn this agreement

Usage in witness thereof expression 

Although the statement in witness whereof does not bring any specific value khổng lồ the meaning of a contract, it continues to lớn be used to show a level of formalism.

The best practice in drafting a contract is to stiông chồng khổng lồ simple and plain language.

Using terms and expressions leading to confusion or interpretation is not ikhuyến mãi and should be avoided.

In business transactions and commercial contracts, the statement in witness whereof does not bring any value or convey an important intention.

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In witness whereof alternative

As an alternative to in witness whereof or in witness thereof, you can use plain English as well lớn convey the same meaning.


You can keep the statement short và sweet by saying:

the parties agree lớn enter lớn this agreement on this date

instead of:

in witness whereof, the parties have sầu caused this agreement khổng lồ be executed

In witness whereof or thereof or hereof 

The most common use of the testimonial clause is “in witness whereof” sort of saying in witness of which.


You may also see “in witness thereof” or “in witness hereof”.

Can they be validly used in contracts?

At the over of the day, you should remember that a contract must clearly convey the intention of the parties. 

There is no right way or wrong way of using this expression.

However, you should ensure that the meaning you are giving you every clause of your contract is clear.


In witness thereof means in witness of that and in witness hereof means in witness of this.

Who signs in witness whereof?

The boilerplate “in witness whereof” clause is used in a contract between the contracting parties lớn express their desire to lớn sign the contract và be bound by its terms.

When you read “IN WITNESS WHEREOF, the parties have caused this agreement khổng lồ be executed & delivered” is a statement made by both parties to lớn the contract that they are signing this contract và implicitly recognize that its terms are binding.

Essentially, the parties signing the contract attest that they are certifying the contract of the legal document or acknowledging a legal document is being entered inkhổng lồ between them.

In reality, the signature of các buổi party should serve sầu as the formal attestation or certification of the content of the contract.


Takeaways 

The statement in witness whereof, the parties herekhổng lồ have sầu caused this agreement to be executed is an ancient way of saying that parties agree to be bound by the terms of the contract.

In the modern times, this expression brings little value from a legal perspective sầu but continues khổng lồ be used to lớn show a level of formalism in the contract.

You can very well say remove the “in witness whereof” and simply say “the parties hereto lớn agree to enter into lớn this agreement”.

Even that may not be necessary when the parties are evidently signing the contract.

The signature of the parties expressly conveys their intention lớn be bound by the terms of the document.


It may not hurt khổng lồ expressly state that you are intending to lớn sign the document and be bound by its terms but it does not necessarily bring value khổng lồ the contract.

You now know what in witness whereof means.

It’s up to lớn you to decide what’s your take on it.

Should we use it lớn have the contracts look formal, use plain English to say the same thing or just not mention anything about it?

What are your thoughts?


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