Template:Rep obligations binding: Difference between revisions

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The [[Obligations binding - Representation|obligations binding]] representation offends another principle of contractual representation, too: it is a ''pre-contractual'' statement as to a ''legal'' state of affairs which, by definition, ''has not yet come about''. The “bindingness” of the contract is not a ''present'' fact at the time this representation is made. Representations as to the expected state of the world in the future are not generally called “representations”. They are called “''[[promise|promises]]''”.  
The [[Obligations binding - Representation|obligations binding]] representation offends another principle of contractual representation, too: it is a ''pre-contractual'' statement as to a ''legal'' state of affairs which, by definition, ''has not yet come about''. The “bindingness” of the contract is not a ''present'' fact at the time this representation is made. Representations as to the expected state of the world in the future are not generally called “representations”. They are called “''[[promise|promises]]''”.  


And yet there is more: if it is, somehow, a ''post''-contractual [[representation]]<ref> these things are normally called “[[warranties]]”.</ref> about current state of affairs, it presents some kind of existential {{t|paradox}}. For this [[warranty]] to be wrong, the contract must, QED, be invalid or unenforceable, including this warranty. So precisely when you needf to rely on it, you find it has vanished like some kind of that Schrödinger’s cat.
And yet there is more: if it is, somehow, a ''post''-contractual [[representation]],<ref>These things are normally called “[[warranties]]”.</ref> albeit about a ''notionally'' current state of affairs,<ref>I am struggling with this, readers, I am. [[Deemed]] current, perhaps?</ref> it presents some kind of existential {{t|paradox}} or state of undecidability that not even Kurt Gödel can let us out of. For if this [[warranty]] is wrong, then the contract it lives in, [[QED]], is invalid — that is to say, for all intents and purposes, does not exist, ''including this warranty''. So precisely when you need to rely on it, you find it has vanished like some kind of that Schrödinger’s cat.

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