Contracts are legal agreements that establish the terms of a business relationship or transaction. When reading a contract, you may come across a phrase that says “Know all men by these presents.” This phrase may seem archaic and confusing to many people, but it has a specific meaning in legal contracts. In this article, we will provide an overview of “know all men by these presents” and its variations.
“Know all men by these presents” meaning
“Know all men by these presents” is a legal phrase that is often used in the beginning of contracts to introduce the parties involved and establish the purpose of the agreement. The phrase is derived from the Latin phrase “præsentes præsentium” which means “those who are present of those who are present.” It is essentially a formal way of saying that the parties involved have agreed to the terms of the contract and that they understand the legal implications of their agreement.
By using this phrase in a contract, the parties are acknowledging that they have read and agreed to the terms of the agreement. It also indicates that the parties intend for the contract to be legally binding and enforceable. This phrase is often used in formal legal documents, such as deeds, mortgages, and other legal contracts.
Variations of “know all men by these presents”
While “know all men by these presents” is the most common phrase used in legal contracts, there are variations of this phrase that can be used depending on the type of contract and the parties involved. Some of the variations include:
- “Know all persons by these presents” – This variation is often used in contracts that involve multiple parties of different genders.
- “Know ye all by these presents” – This variation is often used in contracts that involve a single party or a group of parties of the same gender.
- “Know all to whom these presents shall come” – This variation is often used in contracts that are intended to be read by a wider audience, such as shareholders or investors.
It is important to note that while these variations may have different phrasing, they all serve the same purpose of establishing the parties involved in the contract and the intention for the contract to be legally binding.
“Know all men by these presents” is a phrase that has been used in legal contracts for centuries. The phrase has a rich history, and understanding its purpose and where it is commonly used is important for anyone who is entering into a legal contract.
History of the expression
The phrase “know all men by these presents” has its roots in medieval English law. During this time, legal documents were often written in Latin, and the phrase “præsentes præsentium” was commonly used to begin legal contracts. This phrase translates to “those who are present of those who are present,” and it was used to establish the parties involved in the contract and their intent to be legally bound by the agreement.
Over time, the phrase evolved into its current form, and it became a standard way of beginning legal contracts. The phrase has been used in legal contracts in England and the United States for centuries, and it is still commonly used today.
Purpose of the expression
The purpose of the phrase “know all men by these presents” is to establish the parties involved in a legal contract and their intent to be legally bound by the agreement. By including this phrase in a contract, the parties are acknowledging that they have read and agreed to the terms of the agreement. It also indicates that the parties intend for the contract to be legally binding and enforceable.
Where do we see the expression?
The phrase “know all men by these presents” is commonly used in legal contracts, such as deeds, mortgages, and other legal agreements. It is also sometimes used in other types of legal documents, such as wills and trusts.
While the phrase may seem archaic and formal, it is still commonly used today in legal contracts. Its use is considered to be a standard practice in the legal industry, and it helps to ensure that the parties involved in a contract are aware of the legal implications of their agreement.
The concept of “know all men by these presents” has been subject to criticism over the years. While the phrase has been used in legal contracts for centuries and is still widely used today, some critics argue that it is archaic and unnecessary. In this article, we will explore some of the criticism of the phrase and provide some key takeaways.
Criticism
One of the main criticisms of the phrase “know all men by these presents” is that it is archaic and overly formal. Critics argue that the phrase is no longer necessary in modern legal contracts and that it can make the document more difficult to understand. Some legal experts have even gone so far as to suggest that the use of this phrase can be a sign that the document is poorly drafted.
Another criticism of the phrase is that it is sexist. The use of the word “men” in the phrase can be seen as excluding women from the agreement. Some legal experts have suggested that a more inclusive phrase, such as “know all parties by these presents,” would be more appropriate.
Finally, some critics argue that the phrase is simply unnecessary. The purpose of the phrase is to establish the parties involved in the contract and their intent to be legally bound by the agreement. However, this can be accomplished in other ways, such as through the use of a signature block.
Takeaways
While the phrase “know all men by these presents” has been subject to criticism, it is still widely used in legal contracts today. However, there are some key takeaways that anyone drafting a legal contract should keep in mind:
- Consider the audience: The use of overly formal language can make a legal document more difficult to understand. Consider your audience when drafting a contract and use language that is clear and concise.
- Be inclusive: The use of the word “men” in the phrase can be seen as excluding women from the agreement. Consider using a more inclusive phrase, such as “know all parties by these presents.”
- Use other methods to establish intent: While the phrase “know all men by these presents” can be used to establish intent, there are other methods, such as a signature block, that can be used instead.
In conclusion, while the phrase “know all men by these presents” has its roots in medieval English law, it has been subject to criticism over the years. Legal experts suggest that the phrase can be archaic, sexist, and unnecessary. However, it is still commonly used in legal contracts today. When drafting a contract, it is important to consider the audience, be inclusive, and use other methods to establish intent.