Acknowledgement: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 6: Line 6:


''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.
''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}}