Representation: Difference between revisions

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A {{tag|representation}} is a statement made by one party which has the effect of inducing another into entering a {{tag|contract}}. By its nature, a {{tag|representation}} is therefore not a term of the contract itself it is an {{tag|egg}} to the contract's chicken — although attorneys will gleefully add representations into the contract afterward, for good measure, and will co-brand them as [[warranty|warranties]] — being binding contractual terms — for good measure.
{{a|rep|[[File:Criswell.jpg|thumb|center|Dear old [[Criswell]]]][[File:Plan 9.png|500px|center|frameless|Greetings, my friends]]}}{{representationdescription}}
 
===Compare===
Non-contractual representations may provide relief: a false representation may entitle the party induced into the contract in reliance on it to claim under the Misrepresentation Act 1967 and [[rescind]] the {{tag|contract}} altogether, or claim damages for [[negligent misstatement]] in {{tag|tort}}.
{{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.


===Compare===
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]]
*[[warranty]]
*[[negligent misstatement]]
*[[negligent misstatement]]
 
*[[Representations and warranties]]
===See also===
*[[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}}

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