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Vvz Posted 15 years ago
Grammar

A and THE in contracts

I learned in school that, in general, we use "a" when introducing a subject, and then "the" when referring to it the second, third, etc. time. Does this apply to contractual documentation? For instance, if, e.g., paragraph 5.4.1 introduces the notion of "a bidder" (without definition, simply in a sentence like "A bidder must provide its bid ..."), then do we have to refer to that bidder as "the bidder" or "a bidder" in paragraphs 5.4.2, 5.4.3, etc. (and what about 5.5, 5.6?) Or maybe we even shall use "the bidder" the first time we mention him?

My reasoning is that people not always (frankly, quite seldom) read contracts successively, so the reader might get straight to the second mention. Should we take such cases into account?
  

Top answer

"the" can refer to previously mentioned person/object/animal. "the" is assumed to be known by both the reader and writer of the passage. (a particular person/object/animal) In your case, the contract is NOT referring to a specific bidder, but anyone who is interested or involved.

— Holyduke

  • "the" can refer to previously mentioned person/object/animal.
  • "the" is assumed to be known by both the reader and writer of the passage.
  • (a particular person/object/animal) In your case, the contract is NOT referring to a specific bidder, but anyone who is interested or involved.
  • You have no need to use "the bidder" since the individual paragraphs are like bullet points with separate rules "a bidder" has to follow.
  • However, in case of multiple conditions where different rules apply to "specific" bidders.
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4 Answers
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"the" can refer to previously mentioned person/object/animal.

"the" is assumed to be known by both the reader and writer of the passage. (a particular person/object/animal)

In your case, the contract is NOT referring to a specific bidder, but anyone who is interested or involved.

You have no need to use "the bidder" since the individual paragraphs are like bullet points
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Hmm, I see... And in a sentence like "A bid must be sealed and signed by an authorized representative of a/the bidder", do I get it right that the is needed because we already mentioned "a bid" and "a representative", so "the bidder" must be known by now?

Articles are so articles...
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Yes. (you don't know the bidder by name or appearance, but the readers and writer must know "the bidder" who made "a bid")
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