Acknowledgement: Difference between revisions

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(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...")
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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 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.
{{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 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.

Revision as of 09:36, 16 November 2019

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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 contract. It is not a term of the contract — that would be a warranty. 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.