Acknowledgement: Difference between revisions

no edit summary
(Created page with "{{g}} an acknowledgement is a representation from the point of view of someone who doesn't believe his counterpart is listening. But here is the funny thing. A representation...")
Tags: Mobile edit Mobile web edit
 
No edit summary
 
(4 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{g}} an acknowledgement is a representation from the point of view of someone who doesn't believe his counterpart is listening. But here is the funny thing. A representation is, as as every student of the law knows, a pre contractual statement in reliance upon which a merchant enters the contract. It is not what a term of the contract " that would be a warranty full stop there is more information elsewhere, but the remedy for a a breach of representation is to restore the person relying on it to the position she would have been in had she not end of the contract; the remedy for breach of a warranty is is to require the Warren tour to perform the contract as if the warranty were true.
{{a|rep|}}An [[acknowledgement]] is a [[representation]] from the point of view of someone who doesn’t believe his counterpart is listening.  
 
But here is the funny thing. A [[representation]], as as every student of the law knows, is a [[pre-contractual statement]] in reliance upon which a merchant enters the {{t|contract}}. It is not a ''term'' of the {{t|contract}} — that would be a [[warranty]].
 
A [[representation]] relies on the representor having heard it and relied on it ''before'' entering into the contract. A [[warranty]] is coded into the contract. By coding the representee’s [[acknowledgement]] into the act of signing the contract — its [[acceptance]] of it — you convert a pre-contractual skirmish into a fully fledged [[warranty]].
 
''And what is so bad about that?'' you might ask. Nothing — verily, given the likelihood these days of any legal action flowing from a civil<ref>As in, “not criminal”, and not just “polite, and having due regard to prevailing etiquette”.</ref> interaction, civil or otherwise, really, nothing — but purists might like to consider that the remedies for [[breach of representation|breach of a pre-contractual representation]] — namely, ''avoiding'' the {{t|contract}}; putting the parties back in the position they were in before this whole ghastly business started — are quite different from those for a [[breach of contract]] — where a misbehaving merchant must put his innocent counterpart in the position the latter would have been in had the contract been performed properly all along.
{{sa}}
*[[Representations and Warranties Anatomy]]
{{ref}}