Representations and Warranties | Contract Drafting

ARTICLES

An Important Step to Drafting Clear, Concise Contracts: Understanding “Representations and Warranties”

January 5, 2012

Most contracts speak of "representations and warranties," which basically speak to the parties' understand of each others' capabilities to perform the agreed-upon contract.  Most law students, and many (possibly most) practicing lawyers, could not tell you the difference between a "representation" and a "warranty" in a contract.  This article does explain that difference, but further highlights why that difference is no longer relevant, and what implications this holds for contract drafting. 

- Summary by FizzLaw Team

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An Important Step to Drafting Clear, Concise Contracts: Understanding “Representations and Warranties”

AUTHOR

Gavin Johnson

Gavin Johnson

FizzLaw is a product of Legal Services Management (LSM). Also included in the LSM portfolio is Business Law Network, LLC (BLN). BLN sponsors a network of independent lawyers serving middle market and small businesses, and Legati, a business litigation service providing fixed fee prices for litigation.