recital

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Recital

A formal statement appearing in a legal document such as a deed that is preliminary in nature and provides an explanation of the reasons for the transaction.

The recital in a deed, for example, might indicate the reasons why the owner is selling the property.

In Pleading, a recital is the statement of matter that is introductory to a positive allegation; it begins with the words, "For that whereas …" and is followed by the claim of the party.

recital

noun account, depiction, description, detailed statement, discourse, dissertation, explanation, exposition, graphic account, iteration, lecture, narrative, oration, reaffirmation, reassertation, recitation, recountal, recounting, reiteration, relation, rendition, report, representation, restatement, retelling, statement, story, summary, summing up, telling
Associated concepts: recital in a deed, recital of consideration
See also: account, declamation, delineation, disclosure, discourse, instruction, mention, narration, narrative, reference, report, restatement, specification, speech, statement, story

RECITAL, contracts, pleading. The repetition of some former writing, or the statement of something which has been done. Touchst. 76.
     2. Recitals are used to explain those matters of fact which are necessary to make the transaction intelligible. 2 Bl. Com. 298. It is said that when a deed of defeasance recites the deed which it is meant to defeat, it must recite it truly. Cruise, Dig. tit. 32, c 7, s. 28. In other cases it need not be so particular. 3 Penna. Rep. 324; 3 Chan. Cas. 101; Co. Litt. 352 b; Com. Dig. Fait, E 1.
     3. A party who executes a deed reciting a particular fact is estopped from denying such fact; as, when it was recited in the condition of a bond that the obligor had received divers sums of money for the obligee which he had not brought to account, and acknowledged that a balance was due to the obligee, it was holden that the obligor was estopped to say that he had not received any money for the use of the obligee. Willes, 9, 25; Rolle's Ab. 872, 3.
     4. In pleading, when public statutes are recited, a small variance will not be fatal, where by the recital the party is not "tied up to the statute;" that is, if the conclusion be contra formam statuti praediti. Sav. 42; 1 Chit. Crim. Law, 276 Esp. on Penal Stat. 106. Private statutes must be recited in pleading, and proved by an exemplified copy, unless the opposite party, by his pleading admit them.
     5. By the plea of nul tiel record, the party relying on a private statute is put to prove it as recited, and a variance will be fatal. See 4 Co. 76; March, Rep. 117, pl. 193; 3 Harr. & McHen. 388. Vide. generally, 12 Vin. Ab. 129; 13 Vin. Ab. 417; 18 Vin. Ab. 162; 8 Com. Dig. 584; Com. Dig. Testemoigne Evid. B 5; 4 Binn. R. 231; 1 Dall. R. 67; 3 Binn. R. 175; 3 Yeates, R. 287; 4 Yeates, R. 362, 577; 9 Cowen, R. 86; 4 Mason, R. 268; Yelv. R. 127 a, note 1; Cruise, Dig. tit. 32, c. 20, s. 23; 5 Johns. Ch. Rep. 23; 7 Halst. R. 22; 2 Bailey's R. 101; 6 Harr. & Johns. 336; 9 Cowen's R. 271; 1 Dana's R. 327; 15 Pick. R. 68; 5 N. H. Rep. 467; 12 Pick. R, 157; Toullier in his Droit Civil Francais, liv. 3, t. 3, c. 6, n. 157 et seq. has examined this subject with his usual ability. 2 Hill. Ab. c. 29, s. 30; 2 Bail. R. 430; 2 B. & A. 625; 2 Y. & J. 407; 5 Harr. & John. 164; Cov. on Conv. Ev. 298, 315; Hurl. on Bonds, 33; 6 Watts & Serg. 469.
     6. Formerly, in equity, the decree contained recitals of the pleadings in the cause, which became a great grievance. Some of the English chancellors endeavored to restrain this prolixity. By the rules of practice for the courts in equity of the United States it is provided, that in drawing up decrees and orders, neither the bill, nor the answer, nor other pleading nor any part thereof, nor the report of any master, nor any other prior proceedings, shall be stated or recited in the decree or order. Rule 86; 4 Bouv. Inst. n. 4443.

References in periodicals archive ?
Hector Olivera, internationally recognized guest recitalist, will lead the concert at 3:00PM in the choir loft at St.
If you can count on one hand the number of vocalists who subsist as recitalists, even they prosper more than composers.
She is also a noted recitalist, but it's obvious her first love is opera, and the intellectual as well as the musical challenge of playing a role like Vixen.
She has made about 30 recordings as a soloist or a recitalist.
He is also an accomplished recitalist with an concert repertoire which includes Verdi's Requiem and Mahler's Das Lied Von erde.
Fergus-Thompson is a professor of piano at the Royal Collage of Music in London and has been a recitalist and concerto player since 1976.
Sharing the Queen's Hall platform with him for the recital of sonatas by Beethoven and Barber will be the Scottish pianist Alasdair Beatson, who has swiftly established an international career as a prize-winning recitalist and chamber musician.
Unparalleled in her artistry as a recitalist, the mezzo-soprano combines her expressive vocalism and exceptional musicianship with a rare gift for communication.
With a Liverpool city music scholarship, he studied with the world renowned piano teacher Gordon Green (also based on Hope Street), and himself became a leading recitalist with more than 50 solo albums to his credit.
Among these is the Dutch pianist Ronald Brautigam, having a busy time in several concerts this year as concerto soloist, chamber-music performer and fortepiano recitalist.
She has long enjoyed great success as a recitalist, where her connection with audiences is palpable.
He played with many of the great orchestras, was a solo recitalist, and accompanied Dorothy Maynor, Alexander Kipnis, Elena Gerhardt, and many other singers and instrumentalists.