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A {{tag|representation}} is a statement of '''present [[fact]]''' made by one person ''that induces another to enter a {{tag|contract}}''. By its nature, a {{tag|representation}} is therefore ''not'' a [[term]] of the {{t|contract}} itself — it cannot be; it was made before the contract came about; it is an {{tag|egg}} to the contract’s [[Chicken-licken|chicken]] — although that won’t stop [[Mediocre lawyer|attorneys]] gleefully adding representations into the {{tag|contract}} afterward, co-branding them as [[warranty|warranties]], for good measure. For, if your counsel is [[Mediocre lawyer|diligent]] enough, you may have your cake and eat it, too. [[Non-contractual representation|Non-contractual representations]] may provide relief: a false [[representation]] may entitle the party induced into the contract in reliance on it to claim under the [[Misrepresentation Act 1967]] and [[rescind]] the {{tag|contract}} altogether, ''or'' claim [[damages]] for [[negligent misstatement]] in {{tag|tort}}.
A {{tag|representation}} is a statement of '''present [[fact]]''' made by one person ''that induces another to enter a {{tag|contract}}''. By its nature, a {{tag|representation}} is therefore ''not'' a [[term]] of the {{t|contract}} itself — it cannot be; it was made before the contract came about; it is an {{tag|egg}} to the contract’s [[Chicken-licken|chicken]] — although that won’t stop [[Mediocre lawyer|attorneys]] gleefully adding representations into the {{tag|contract}} afterward, co-branding them as [[warranty|warranties]], for good measure. For, if your counsel is [[Mediocre lawyer|diligent]] enough, you may have your cake and eat it, too. [[Non-contractual representation|Non-contractual representations]] may provide relief: a false [[representation]] may entitle the party induced into the contract in reliance on it to claim under the [[Misrepresentation Act 1967]] and [[rescind]] the {{tag|contract}} altogether, ''or'' claim [[damages]] for [[negligent misstatement]] in {{tag|tort}}. <br>
 
Americans seem to have a different, and confused, idea about what a representation is, as ably, though a little tediously, argued by the learned author of {{br|A Manual of Style For the Drafting of Contracts}},<ref>[https://www.adamsdrafting.com/wp/wp-content/uploads/2015/06/Adams-Eliminating-the-Phrase-Represents-and-Warrants-from-Contracts.pdf Here], for those needing a sleeping draught.</ref> believing it to be statement of ''past'' fact in a contract for which a party assumes responsibility, whereas a warranty is an equivalent statement of ''future'' fact. Though apparently attested to by no less august an institution than the American Bar Association<ref>Commentary on the ABA model stock purchase agreement, 2011.</ref> this seems wrong, even in the Land of the Shining Beacon on the Hill, and certainly under [[English law]], as a matter of common sense. [[Warranties]] and [[representations]] both address matters of existing or historical fact; assurances as facts in the future — which, as [[Criswell]] would tell you, are the meaty ones, for the future is where you and I are going to spend the rest of our lives — are called “''[[Promise|promises]]''”.