Template:Undertakingscovenantsrepresentationswarranties: Difference between revisions

A {{tag|representation}} is a pre-contractual statement of a present fact, the failure of which entitles an innocent party to [[rescind]] a contract altogether (i.e. to put itself in a position as if it had never entered in to the bargain in the first place)

A {{tag|warranty}} is a contractual statement of the truth of a present fact, the failure of which entitles the innocent party to sue for damages for [[breach of contract]] (i.e. to compensate it for the value of the contract had the statement been correct). (It also has a specific meaning as a guarantee of merchantability in the context of a Manufacturer's Warranty")

This is why we see "[[representations and warranties]]" - it gives the wronged party the maximum possible range of remedies.  

An {{tag|undertaking}}, in a contractual context, is really no different from a promise (though a [[solicitor’s undertaking]] is a quite different thing). It might make sense to characterise it specifically as a promise to ensure that a third party does something (as opposed to the contracting party itself), but it isn't generally used that way.

A {{tag|covenant}}, strictly speaking, is a promise executed by [[deed]], though usage has long since slipped away from that except in the context of transactions involving the conveyance of land.

In any other context, therefore, {{tag|covenant}}s and {{tag|undertaking}}s are nothing more than fancy words for a contractual {{tag|promise}}s, and any lover of {{tag|plain English}} should therefore seek them out and, with extreme prejudice, relieve them of their command.