During mine public “Drafting clearer Contracts” seminar in new York last Thursday, a participant mentioned the expression to wit.

You are watching: What does to wit mean in legal terms

Here’s what Black’s law Dictionary needs to say about it:

to wit (too wit), adv. (14c) Archaic. the is come say; namely . — periodically spelled to-wit; towit.

You can find plenty of examples on EDGAR of contracts that use to wit. Here are a couple:

Cash and/or Investments might be transferred right into such account or account for particular purposes, to-wit:

… and also only subject to the condition set forth in ar 7.4(a) of the agreement, to wit, that they space operated in their present locations (as that January 1, 2014) and also branded v the current (as the January 1, 2014) financial school branding.

Describing to wit together “archaic” is putting it mildly. Only an utter ninny would usage to wit.

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If you’re utilizing to wit to to express the definition the following, then usage that instead:

NOW, THEREFORE, the Trustees hereby declare the they will organize in to trust all money and also property added to the to trust fund and will manage and dispose the the very same for the advantage of the holders of share in the Trust and subject come the provisions hereof, to wit the following:

Here are examples that use both to wit and the following, redundantly:

Except together otherwise provided in this Agreement, in connection with any Reserve Expenditures, allowed Renovations or major Alterations the the Leased home the following conditions shall be met, to wit:

Without prejudice to such basic powers, yet subject come the exact same limitations, it is hereby expressly declared that the plank of managers shall have the complying with powers, to wit:

Debtor shall be in default under this commitment upon the happening of any kind of of the complying with events, circumstances or conditions, towit:

Using to wit come express the an interpretation in various other words is a negative idea, as you need to say one way only whatever you desire to say:

… which space at variance with the problems specified in exhibition D come this agreement to wit the subsurface soil push is reduced than 4,000 PSF …

Finding out about to wit do me think that there could be other fatuous contract archaisms out there that I’m unaware of. Ns invite you to submit any that you think I could have missed. The noticeable archaisms from the front and also the ago of the contact (witnesseth, in witness whereof, etc.) don’t count. Neither execute Latinisms.