Prepositions in Contracts and Legal Documents
Prepositions in contracts and other legal documents play an important role in defining rights, obligations, deadlines, and the relationships between parties. Expressions such as subject to, in accordance with, liable for, and within 30 days of can have significant implications for how a legal provision is interpreted. For legal professionals and learners of Legal English, understanding these prepositions is essential for drafting precise documents, interpreting contractual terms, and avoiding ambiguity. This lesson examines common prepositions and prepositional phrases used in contracts and other legal documents, with practical examples to help you use them accurately and confidently.
Table of Contents
Legal English Prepositions in Contracts and Legal Documents
Under
Under commonly identifies the source of a right, duty, agreement, or legal provision.
The tenant's obligations under the lease remain in force.
The claimant seeks compensation under the applicable statute.
The company has certain reporting obligations under the agreement.
Here, under connects an obligation or right with the legal instrument or framework that establishes it.
Pursuant To
Pursuant to means in accordance with or by virtue of a particular legal authority, provision, or arrangement. It is formal and often used in legal drafting.
The notice was issued pursuant to Section 12 of the agreement.
The application was submitted pursuant to the applicable regulations.
Use it when it adds precision. In less formal communication, under or in accordance with may be clearer.
Subject to
Subject to indicates that something depends on a condition, is governed by another provision, or is limited by another requirement.
The transaction is subject to regulatory approval.
The offer is subject to the terms and conditions set out below.
The expression can establish an important qualification. Always identify the condition or provision involved.
In accordance with
This expression means consistently with a rule, requirement, or procedure.
The notice must be served in accordance with the contract.
The records were maintained in accordance with applicable regulations.
It is useful when explaining that an action follows an established procedure or legal requirement.
In respect of
In respect of means concerning or relating to something. It is common in formal legal writing, although regarding or for may sometimes be simpler.
The company accepts no liability in respect of indirect losses.
The parties disagree about the payments due in respect of the final quarter.
Check the complete sentence carefully: the legal effect of the expression depends on the surrounding provision.
By virtue of
This expression identifies the authority, status, or circumstance through which a right or power exists.
The court exercised its jurisdiction by virtue of the relevant statutory provision.
She acquired the right by virtue of the agreement.
Notwithstanding
Notwithstanding means despite or in spite of. It introduces something that does not prevent the stated rule or outcome from applying.
Notwithstanding the foregoing, either party may terminate the agreement on 30 days' written notice.
This expression is common in contractual drafting, but its placement matters. Make sure it is clear which provision or circumstance it qualifies.
In connection with and Arising out of
These expressions establish relationships between events, claims, obligations, and transactions.
The parties entered into negotiations in connection with the proposed acquisition.
The claimant seeks damages arising out of the alleged breach.
They are common in legal documents, but they are not automatically interchangeable in every context. Their precise scope depends on the wording and applicable law.
Training Exercise: Prepositions in Contracts & Legal Documents
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