The resolving clause is a section of a resolution that presents the operative text, typically beginning with the phrase “Resolved, That….” It is comparable to the enacting clause of a statute and is not merely a recital or preamble.
The resolving clause is a section of a resolution that introduces the operative text. It typically begins with the phrase “Resolved, That. . . . ” This clause is comparable to the enacting clause of a statute. For instance, a resolution passed by a city council to prohibit the use of single-use plastic bags would have the resolving clause “Resolved, That the city council hereby bans the use of single-use plastic bags within city limits.” Similarly, if a student government association passes a resolution to increase funding for mental health resources on campus, the resolving clause would be “Resolved, That the student government association allocates additional funds to improve mental health resources on campus.” These examples demonstrate how the resolving clause introduces the operative text of a resolution, clearly stating the action or decision being taken.
A resolving clause is a provision in a legal document, such as a contract or a resolution, that outlines the intentions or decisions of the parties involved. It is typically used to state the purpose or objective of the document and to provide clarity on the actions to be taken.
A resolving clause is important because it helps to establish the legal validity and enforceability of the document. It ensures that the intentions of the parties are clearly stated and understood, reducing the likelihood of disputes or misunderstandings in the future.
A resolving clause should include a clear statement of the purpose or objective of the document, as well as any specific actions or decisions to be taken. It may also include any conditions or requirements that need to be met for the resolution to be effective.
Yes, a resolving clause can be modified or amended if all parties involved agree to the changes. However, it is important to ensure that any modifications are properly documented and legally binding.
If a resolving clause is not included in a legal document, it may lead to confusion or ambiguity regarding the intentions or decisions of the parties involved. This can increase the risk of disputes and make it more difficult to enforce the terms of the document.
In certain circumstances, a resolving clause can be challenged in court if it is deemed to be unfair, illegal, or against public policy. However, the specific grounds for challenging a resolving clause may vary depending on the jurisdiction and the nature of the document.
Yes, a resolving clause can be used in various types of legal documents, including contracts, resolutions, bylaws, and agreements. Its purpose is to provide clarity and establish the intentions or decisions of the parties involved.
Yes, a resolving clause is legally binding if it is properly drafted and executed. It forms part of the overall legal document and can be enforced in a court of law if necessary.
While a resolving clause can help to prevent disputes by clearly stating the intentions of the parties, it may not necessarily be used to resolve disputes that arise after the document is executed. In such cases, alternative dispute resolution mechanisms, such as mediation or arbitration, may be more appropriate.
It is generally advisable to consult a lawyer when drafting a resolving clause or any other legal document. A lawyer can provide guidance and ensure that the clause is properly drafted to meet your specific needs and comply with applicable laws.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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