Agreement Footnote

Here is the first passage in the section on text references, which illustrates how the same references are provided using footnotes. The use of a footnote to suggest that what is contained in the footnote is less important is analogous to the use of the phrase, particularly to emphasize a provision (see MSCD 13.343). Treat all provisions the same way; Let the reader make sense of it. The parties must intend to create a partnership (Sproule v McConnell, [1925] 1 DLR 982 (Sask CA)). The analysis of the intent of the parties is two-way. A court will first consider the agreement between the parties and then consider the conduct of the parties (ibid.). Since there is no explicit contract in the current circumstances, a court would immediately go to the second branch of the analysis, described as follows: I recommend that you never use footnotes in a contract. Suffice it to say in a regular provision all that needs to be said. Footnotes should be placed on the same page as the accompanying text. The footnote numbers are placed in high characters, usually at the end of the sentence. If you are referring to a word, place the note number right behind the word.

A few days ago, a reader asked me for a recommendation that he saw online that it might be a good idea to use a footnote to explain why a negotiated provision of the contract had been written in some way. In general, text references are used for memorands and facta, while footnotes are used for other legal fonts. The two most common forms of references in the legislation are textual references and footnotes. The main difference between them is that textual references are usually contained in the text itself, while footnotes are shown at the bottom of the page. Ibid is used when the same source is returned to the footnote directly above. Ibid. can be used after another ibid. or after a supra. And another reader just asked me to use footnotes in a contract. Someone in his company had proposed to include a footnote to explain the meaning of a particular word. [It] asks the Tribunal to ascertain whether the parties` conduct during the currency of their joint project constituted a partnership relationship, regardless of their contrary intent and the provisions of their agreement (Hayes 123).

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