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 ?
She has long enjoyed great success as a recitalist, where her connection with audiences is palpable.
A medallist in the 1978 Tchaikovsky International Festi- val, he has been acclaimed by audiences around the world, both as recitalist and in concerto performances with many of the major orchestras and conductors.
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.
Pianist Vania Pimentel is a renowned Brazilian recitalist who promotes the art and music of her home country.
Tsitsaros has appeared as recitalist and chamber musician in Europe and the United States.
Truly, building one's program on the piano's tonal capability is a mark of an intelligent recitalist.
The concept and much of the work behind this latest recording can be traced to Kradjian, a talented composer, arranger, producer, chamber musician, piano soloist and recitalist in his own right, and one who often seems to prefer working behind the scenes than in the spotlight.
Since her Wigmore Hall debut in 1974, she has appeared regularly as recitalist in major concert halls, and in a wide repertoire she has built a reputation as an intensely communicative artist.
Freddy has been a concerto soloist with many top orchestras but he is also a committed recitalist.
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.
There is also a new Adult Recitalist Class for those aged between 18 and 21 years.
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.