Representation: Difference between revisions

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{{representationdescription}}
{{a|rep|[[File:Criswell.jpg|thumb|center|Dear old [[Criswell]]]][[File:Plan 9.png|500px|center|frameless|Greetings, my friends]]}}{{representationdescription}}
 
===Compare===
===Representations and warranties by agent===
You might occasionally hear, from the counsel of an investment manager, a protest when you ask it to make representations on behalf of a principal.
 
“But I cannot,” she might say, “for I do not know if this is true unless the principal has told me it is true. I cannot assume personal liability for my principal’s obligations. I am but an agent.”
 
You must answer this firmly, along the following lines:
 
“No-one is asking you to assume personal liability for your {{t|principal}}’s obligations. We are asking the ''{{t|principal}}'' to assume liability for them. It is the principal’s responsibility under the {{t|contract}}. Ordinarily, of course, we would ask the principal directly, but it didn’t show up, and sent you instead. So, we are asking you to communicate these representations on your principal’s behalf.”
 
“Now, you might say you don’t know whether these representations are true, or that you are not sure whether you are authorised to make them on your client’s behalf. But think twice before admitting that because, really, you ''should'' have asked or, better still, explained to your client that a condition of signing master trading agreements is that you will have to make uncontroversial representations about your own capacity, authority, competence and sanity.”
 
If you are still not comfortable proceeding, the answer is not to do without the representations: it is to do without the master trading agreement.
 
So what’s it going to be, punk?<ref>You might think about leaving that last line out, but 10/10 for style if you do decide to use it.</ref>
 
===What’s the diff...===
{{Undertakingscovenantsrepresentationswarranties}}
{{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]]
{{seealso}}
*[[Representations and warranties]]
*[[Representations and warranties]]
*[[Covenant]]
*[[Covenant]]