It’s a phrase used frequently in legal documents – but is it used correctly? “For the avoidance of doubt” gets scrutinized by the AdamsDrafting blog:
“How’s this for a categorical statement: Never use for the avoidance of doubt.
Sometimes a drafter will use this phrase in a contract to introduce language that seeks to clarify preceding language, usually by indicating that something either falls within or is excluded from the scope of the preceding language. In this context, for the avoidance of doubt says, in effect, “excuse us if we state the obvious.””
Read: For the Avoidance of Doubt at Adams on Contract Drafting
For more contract drafting resources for in-house counsel, see the contracts section of our In-House Counsel Guides.