Representations and warranties: Difference between revisions

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 You may wonder whether the usual rules about [[concurrent liability]] in contract and tort would have something to say about that but, in Casanova’s immortal words —  [[if in doubt, stick it in]]. Be a lover, not a fighter.
 ==Is it such a big deal?==
-Well, that titan of drafting style {{author|Ken Adams}} 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] 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 “represents”, not “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 Ken: he’s a bit like a well-meaning uncle who just goes on a bit on his pet subjects — but we have trouble with this one. The key to the problem reveals itself in the first paragraph of his monologue:
+Well, that lone wolf of clarity on the prairie of dense American legal drafting, {{author|Kenneth A. Adams}} 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'', Vol 16 at 203.</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 “represents”, not “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 we struggle with this one. The key to the problem reveals itself in the first paragraph of his monologue:
 :''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.''