Acknowledgement: Difference between revisions

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{{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]], 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 contract — that would be a [[warranty]].  
{{a|rep|}}An [[acknowledgement]] is a [[representation]] from the point of view of someone who doesn’t believe his counterpart is listening.  
a representation relies on the representor having heard it and relied on it. A [[warranty]] is coded into the contract. By coding the representee's [[acknowledgement]] into the contract — its [[acceptance]] of it — you convert it into a term.
 
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.
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*[[Representations and Warranties Anatomy]]
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