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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. | {{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 {{ | 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]]. | 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]]. | ||