Why 'represent and warrant', not 'represent and condition'? Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30pm US/Eastern) Announcing the arrival of Valued Associate #679: Cesar Manara Unicorn Meta Zoo #1: Why another podcast?What is the meaning of “term” and “condition”?What's the difference between a clause, provision, condition and term?Why was the adjective “special” embraced for “special damages”?In Canada and England & Wales, why' 'versus' pronounced as 'and'?Termination condition in an NDAWhy aren't Lord and Lady abbreviated?London: how to deal with a landlord not protecting a deposit and not rembursing it?What is a condition precedent?Can an unacceptable / illegal condition in a contract be ignored without voiding the whole contract?“so long as you remain unmarried”: Why a gratuitous promise in one fact pattern, but a contractual offer in another?
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Why 'represent and warrant', not 'represent and condition'?
Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30pm US/Eastern)
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?What is the meaning of “term” and “condition”?What's the difference between a clause, provision, condition and term?Why was the adjective “special” embraced for “special damages”?In Canada and England & Wales, why' 'versus' pronounced as 'and'?Termination condition in an NDAWhy aren't Lord and Lady abbreviated?London: how to deal with a landlord not protecting a deposit and not rembursing it?What is a condition precedent?Can an unacceptable / illegal condition in a contract be ignored without voiding the whole contract?“so long as you remain unmarried”: Why a gratuitous promise in one fact pattern, but a contractual offer in another?
In Canadian and English law, representations differ from warranties^. Though they aren't doublets, why's "warranty" coupled with "represent", not 'condition'?
I quote Ashurst's distinction of them beneath. but it may help to read that of Cripps LLP, Osborne Clarke, Blake Morgan, Walker Morris.
A warranty is a term of the contract, a breach of which gives the innocent party the right to claim damages but not to treat the contract as repudiated. A warranty can therefore be contrasted with a condition, which entitles the innocent party to treat the contract as repudiated, and an "intermediate" (or "innominate") term, which may entitle the innocent party to treat the contract as repudiated depending on the nature and consequences of the breach.2
I accept that 'innominate' is too uncertain a term to be coupled with 'represent'.
^Perhaps they are in US law too? Tina L. Stark. Drafting Contracts: How and Why Lawyers Do What They Do (2013 2 ed). 18.3.
Therefore, they should be pared down to
one word—unless the drafter intends a substantive difference, as in the
phrase represent and warrant.
contract-law england-and-wales
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In Canadian and English law, representations differ from warranties^. Though they aren't doublets, why's "warranty" coupled with "represent", not 'condition'?
I quote Ashurst's distinction of them beneath. but it may help to read that of Cripps LLP, Osborne Clarke, Blake Morgan, Walker Morris.
A warranty is a term of the contract, a breach of which gives the innocent party the right to claim damages but not to treat the contract as repudiated. A warranty can therefore be contrasted with a condition, which entitles the innocent party to treat the contract as repudiated, and an "intermediate" (or "innominate") term, which may entitle the innocent party to treat the contract as repudiated depending on the nature and consequences of the breach.2
I accept that 'innominate' is too uncertain a term to be coupled with 'represent'.
^Perhaps they are in US law too? Tina L. Stark. Drafting Contracts: How and Why Lawyers Do What They Do (2013 2 ed). 18.3.
Therefore, they should be pared down to
one word—unless the drafter intends a substantive difference, as in the
phrase represent and warrant.
contract-law england-and-wales
asked 5 mins ago
AntinatalistAntinatalist
1193
New contributor
Antinatalist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
In Canadian and English law, representations differ from warranties^. Though they aren't doublets, why's "warranty" coupled with "represent", not 'condition'?
I quote Ashurst's distinction of them beneath. but it may help to read that of Cripps LLP, Osborne Clarke, Blake Morgan, Walker Morris.
A warranty is a term of the contract, a breach of which gives the innocent party the right to claim damages but not to treat the contract as repudiated. A warranty can therefore be contrasted with a condition, which entitles the innocent party to treat the contract as repudiated, and an "intermediate" (or "innominate") term, which may entitle the innocent party to treat the contract as repudiated depending on the nature and consequences of the breach.2
I accept that 'innominate' is too uncertain a term to be coupled with 'represent'.
^Perhaps they are in US law too? Tina L. Stark. Drafting Contracts: How and Why Lawyers Do What They Do (2013 2 ed). 18.3.
Therefore, they should be pared down to
one word—unless the drafter intends a substantive difference, as in the
phrase represent and warrant.
contract-law england-and-wales
asked 5 mins ago
AntinatalistAntinatalist
1193
New contributor
Antinatalist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
In Canadian and English law, representations differ from warranties^. Though they aren't doublets, why's "warranty" coupled with "represent", not 'condition'?
I quote Ashurst's distinction of them beneath. but it may help to read that of Cripps LLP, Osborne Clarke, Blake Morgan, Walker Morris.
A warranty is a term of the contract, a breach of which gives the innocent party the right to claim damages but not to treat the contract as repudiated. A warranty can therefore be contrasted with a condition, which entitles the innocent party to treat the contract as repudiated, and an "intermediate" (or "innominate") term, which may entitle the innocent party to treat the contract as repudiated depending on the nature and consequences of the breach.2
I accept that 'innominate' is too uncertain a term to be coupled with 'represent'.
^Perhaps they are in US law too? Tina L. Stark. Drafting Contracts: How and Why Lawyers Do What They Do (2013 2 ed). 18.3.
Therefore, they should be pared down to
one word—unless the drafter intends a substantive difference, as in the
phrase represent and warrant.
contract-law england-and-wales
contract-law england-and-wales
asked 5 mins ago
AntinatalistAntinatalist
1193
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