Representations and warranties: Difference between revisions

''See our new [[Representations and Warranties Anatomy]] for more about your favourite [[representation]].''

==Overview==

{{representationdescription}}

{{warrantydescription}}

{{future facts}}

Our view is for all intents and purposes beyond ''[[ultra vires]]'', [[representations and warranties]] boil down to ''[[warranties]]''. The giveaway is that they appear in a [[contract]], so are made rather too late in the day to be meaningful pre-contractual representations. For them to have any force ''as'' representations, your operating theory has to be that the contract, though executed, has been so compromised by the falsehoods from which these statements are woven as to fail for lack of [[Consensus ad idem|consensus]]. In which case they are little more than a handsomely-formatted transcript of the dialogue that passed between merchants in the fog of commercial negotiation, before the [[contract]] got to the consummated point we now find it to be in.