Representations and warranties: Difference between revisions

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 Still, we mention for completeness: that lone wolf of clarity on the prairie of dense American legal drafting, {{author|Kenneth A. Adams}} once devoted a [https://www.adamsdrafting.com/wp/wp-content/uploads/2015/06/Adams-Eliminating-the-Phrase-Represents-and-Warrants-from-Contracts.pdf 27-page scholarly monograph]<ref>Published in no less august a periodical than ''Transactions: The Tennessee Journal of Business Law'' [2015] Vol 16 at 203, if you want to read it in its original locale.</ref> to the subject — maybe a slow week in the practice — to argue the world is wrong, he is right, and the correct word is neither “[[Representation|represents]]”, nor “[[Warranty|warrants]]”, but “''states''”.
-Now the [[JC]] is the last person in the world who would take umbrage at flying one’s opinion straight into the face of global consensus — and we’re fond of Mr. Adams: he’s a bit like a well-meaning uncle who just goes on a bit on his pet subjects — but, still, we struggle with this one. The key to the problem reveals itself in the first paragraph of his monologue:
+Now the [[JC]] is the last person in the world who would take umbrage at flying one’s opinion straight into the face of global consensus but, still, we struggle with this one. The key to the problem reveals itself in the first paragraph:
 :''The phrase “represents and warrants” is a fixture in English-language contracts. It’s used to introduce statements of fact, as are the verbs “represents” and “warrants” used separately. And the words “representation” and “warranty” are used to refer to statements of fact in a contract.''