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Representation: Difference between revisions
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Amwelladmin (talk | contribs) (Created page with "A representation is a statement made by one party which has the effect of inducing the other into entering into a contract. A false representation may entitle the party was in...") |
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{{a|rep|[[File:Criswell.jpg|thumb|center|Dear old [[Criswell]]]][[File:Plan 9.png|500px|center|frameless|Greetings, my friends]]}}{{representationdescription}} | |||
===Compare=== | ===Compare=== | ||
* [[ | {{Undertakingscovenantsrepresentationswarranties}} | ||
===What [[representations]] are not=== | |||
*'''Law''': Representations are generally not made about the law or legal status — those things are called “[[legal opinion]]s” and you’ll require [[Mediocre lawyer|august counsel]] to give you one of those<ref>First spending thirty of its onionskin pages, and several thousand of your pounds sterling, clearing its throat about what it is ''not'' saying before it will (ahem) [[give you one]].</ref> and the boredom threshold of Job if you aspire to reading it.<br> | |||
*'''The Future''': Representations are generally also made about things which have already happened — “[[Known known|known knowns]]”, in the Rumsfeldian argot — and not states of affairs expected to come about in the future. A factual assertion about a future state of affairs is better known as a [[promise]], and you will need it to be a part of your {{tag|contract}}, not a prelude to it, if you want to hold your counterparty to it in some tribunal down the line. | |||
Gosh all this talk of the [[future]] — that place where, after all, you and I are going to spend the rest of our lives — makes me think of dear old [[Criswell]]. | |||
{{agent representations}} | |||
{{Misrepresentation by agent}} | |||
{{sa}} | |||
*[[warranty]] | |||
*[[negligent misstatement]] | |||
*[[Representations and warranties]] | |||
*[[Covenant]] | *[[Covenant]] | ||
*[[Undertaking]] | *[[Undertaking]] | ||
*or you could cut to the chase and go straight to [[Promise]] | *or you could cut to the chase and go straight to [[Promise]] | ||
{{ref}} | |||