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Does the following sentence make correct use of hereby?

The total amount specified in "Appendix 3 Price Breakdown and Payment Plan" attached to hereby Sub-Contract.

Should I say attached to the hereby Sub-Contract? Is there some other problem?

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4  
No. You are using "hereby" completely incorrectly. –  Phil Perry May 15 at 17:07
    
General rule: don't write a legal document using legalese if you aren't trained in legal stuff (i.e. not a lawyer/legal assistant/etc) –  Doc May 15 at 21:00

3 Answers 3

up vote 6 down vote accepted

Hereby: As a result of this document or utterance:

If you want to use hereby, the sentence might be:

The total amount specified in "Appendix 3 Price Breakdown and Payment Plan" is hereby attached to the Subcontract.

This sentence now means, 'As a result of some discussion prior to this sentence being committed to paper (assumably immediately before this sentence or at least referenced somewhere in the preceding document) the total amount which is formulaically specified in Appendix 3 is calculated and the number attached to the sub-contract.'

edit: To retain the meaning of your initial sentence without any of this implication, using the as you indicated, without hereby, is the way to go.

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+1 Thank you. Is there a fancy legal equivalent for "this" in the spirit of "hereby"? –  Sabuncu May 15 at 14:27
    
Herein is a shorter and more formal way of saying 'within this document'. I don't think you can use it here because you are referring to multiple sections of, if not multiple documents in their entirety. It is better used when you are referring to something within the document itself, for example, in a long tenancy contract you might say at the start, 'We, company X, herein the "Landlord" and you Joe Bloggs, the "Tenant" blah blah. Then later on, instead of having to restate, 'We company X,' the contract can just refer to the "Landlord". Is that clear? –  Sam May 15 at 14:35
    
Yes, it is clear, thank you. I have been using "hereafter" for abbreviations at the location where they are defined. I think I am going to forgo the fancy legalese and simply use "this" as in "this contract". –  Sabuncu May 15 at 14:40
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A further use of 'herein' which differentiates it from 'hereafter' is when it is used to refer to something previous in the same document. You can quite validly say, 'The Defendant requires, per paragraph 4 herein, the documents that substantiate the claim because blah.' –  Sam May 15 at 14:51
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Politicians and lawyers love to pepper documents and proclamations with hereby, herein, whereas, etc. It makes them feel special, but only obscures what they're trying to say. –  Phil Perry May 15 at 17:10

Both usages are incorrect since hereby is an adverb but you are attempting to use it as an adjective.

Also that is not a sentence as it lacks a verb. It is a subject (The total amount) with a long prepositional phrase (specified in..) with a nested prepositional phrase (attached to...).

I think you are looking for something closer to 'this', 'enclosed', or 'attached' depending on the context.

"The total amount is specified in Appendix 3, Price Breakdown and Payment Plan, found in the attached Sub-Contract."

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+1 Thank you. It lacks a verb because it defines a term in a contract, which I omitted. But your answer identifies the parts of my sentence, which I find invaluable. –  Sabuncu May 15 at 14:34
    
I believe both are correct: 'The total amount specified in "Appendix 3 Price Breakdown and Payment Plan" is hereby attached to the Subcontract. Or 'I hereby have attached the enclosed document'. 'Hereby' is simply attesting to the act of enclosing. –  Third News May 15 at 16:19

"Hereby" is not an adjective, so that's one reason that your sentence is strange, but there's another, more important one.

"Hereby" is part of a linguistic category called "speech acts" or "illocutionary acts." When you say "hereby" you're saying that, by your very utterance, something is true.

For instance, if the President says "I hereby declare today to be National Cheese Celebration Day," it's National Cheese Day simply by his say-so. If I say "I hereby forfeit my right to an attorney," my saying so constitutes the forfeiture.

"Hereby" is hardly the only one; perhaps a familiar example of such a speech act is "I now pronounce you husband and wife."

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