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In law, a recital (from Latin: recitare, "to read out" [1]) consists of an account or repetition of the details of some act, proceeding or fact. Particularly, in law, that part of a legal document—such as a lease , which contains a statement of certain facts—contains the purpose for which the deed is made.
The recitals state the objective of the Directive to reduce barriers to free trade in the EU while simultaneously ensuring a high level of consumer protection.At issue was that the consumer protection laws are different among the various member states (see Article 1 of the Directive and the recitals to it).
5. According to the fourth recital in the preamble, where contracts are concluded away from the business premises of the trader, it is as a rule the trader who initiates the negotiations, for which the consumer is wholly unprepared and is therefore often taken by surprise. In most cases, the consumer is not in a position to compare the quality ...
Hadley & Anor v Baxendale & Ors [1854] EWHC J70 is a leading English contract law case. It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen.
The 20th recital in the preamble to Directive 93/13 specifies that the consumer must actually be given an opportunity to examine all the terms of the contract. 47. A standard term which allows such a unilateral adjustment must, however, meet the requirements of good faith, balance and transparency laid down by those directives.
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