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Sjhart Posted 18 years ago
Legal Studies

made and entered into by and among

0Is there special legal meaning (in the US) to the term "by and among"? Or more fully perhaps "made and entered into by and among"?02br
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00For example, does "01i00This agreement is made and entered into by and among Party A and Party B...02i00" mean anything different from "01i00This agreement is between Party A and Party B...02i00"?02br
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00Stephen0-
  

Top answer

" You know how lawyers are! 02br 02br 00I can imagine a young new lawyer like yourself writing a contract like the one you propose, only to have it overturned by a wise old experienced lawyer who knows the English language well. 02br 02br 00Edit.

  • " You know how lawyers are!
  • 02br 02br 00I can imagine a young new lawyer like yourself writing a contract like the one you propose, only to have it overturned by a wise old experienced lawyer who knows the English language well.
  • 02br 02br 00Edit.
  • Hey, I just noticed!
  • 01b 01u 00WELCOME TO THE FORUMS !
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9 Answers
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0There absolutely is, but it doesn't go beyond the meaning of the words, as would be the case in the meaning of an 01i01u00idiom02u02i00.02br
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00In baseball, it's called "covering all the bases." You know how lawyers are! I expect a certain amount of trial and error (pun intended) has gone into the formulation of these standard expr
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0Thanks for the welcome and the prompt reply!02br
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00Actually, I'm not a "young new lawyer"... I'm a middle-aged scientist/engineer. English usage is a hobby interest of mine.02br
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00I didn't take your answer as facetious. But, yes, I think I 01i00did02i00 believe all the examples you gave were the same. Pretty much :-)02b
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0Hi Stephen, I think you said what I meant better than I did.02br
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00If we're speaking of the U.S., I've had experience as a litigant in NH, VT, MA, and CA, and the difference in language is striking, Vermont using what sound like antique phrases and California favoring more modern constructions. Not much of it would be used as dinner conversation.02br
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0Let's just all admire that this phrase is a typical legalese. Lawyers use it, because it looks "lawyerish"(probably a neologism). If you want to write it in plain but still legal English, use "this contract is drafted and concluded by" or even shorter "this contract is concluded by".02br
00We lawyer have to use these phrases in order to make the clients say: "Oh, this contract is re
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0So what's being said with this phrase is that the contract was written by ("drafted") and executed ("concluded"?.. any blanks filled in?) by the parties who are named. Is that right?02br
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00I can see that "made among" could mean "drafted by" and "entered into by" could mean "we filled in the blanks and signed it". But more usually the parties signing didn't actually dra
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0I hate to disagree with a practicing attorney, but Non-Disclosure Agreements are serious business, and if you think you need one you'd better get it right. If you're just looking for a friendly gentleman's agreement, why not just shake on it.02br
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00Have you checked for typical agreements on the net?02br
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00Respectfully, - A.0-
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0Thanks for the warning. We use an NDA for routine confidentiality matters, and a Proprietary Information Agreement when it seems possible that a relationship might result in patentable or copyrightable work. Both were drafted by well-respected Intellectual Property attorneys about 10 to 15 years ago, and have been reviewed a couple of times since. And I get to see other similar agreements draft
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0 I must confess that I understand your problem very well. I often draft contracts which are very complex and hard to understand after the first reading. BUT it is usual that I go through the contract with the client (who asked me to draft it) and explain it to him in plain language. You, as an engineer, know that there are terms in contracts which are of purely technological content and I usual
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0 01blockquote
01cite10Avangi12cite10I hate to disagree with a practicing attorney, but Non-Disclosure Agreements are serious business, and if you think you need one you'd better get it right. 12br
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10I agree with you, Avangi, that's why I am doing this job. But you must confess that the words in question are of

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