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1. • • Difference between Representations and Warranties: Representations are the assertion of fact true on the date of execution of the contract, it is for inducement for another party to enter into contracts. A warranty is the promise of indemnity if representation is false it is inaccurate and if the warranty is false it is breached.
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     Major Difference Between Representations and Warranties

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   What is the difference between representations and warranties?

   • In contract law, the distinction between warranties and representations is more than a matter of semantics; it has significant legal implications. While representations are pre-contractual statements that induce the formation of a contract, warranties are promises within the contract about the truth of certain facts.

   Difference Between Warranties and Representations in Contracts

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   Are the representations and warranties in this agreement true?

   • “The representations and warranties in this Agreement were true and correct as of the date of this Agreement and are true and correct today.” How True do They Have to Be at Closing? Are there any issues arising from due diligence that need to be included or excluded in the representations and warranties? What does “material” mean?

   Representations and Warranties - Why Do They Matter?

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   How are warranties and representations treated?

   • The treatment of warranties and representations may vary in different legal systems. In some jurisdictions, the distinction might be less pronounced, while in others, like the United States and the United Kingdom, it is more clearly defined. Best Practices in Contract Drafting

   Difference Between Warranties and Representations in Contracts

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   What are representations and warranties in M&A transactions?

   • In M&A transactions, representations and warranties are given by both parties to disclose material information. The seller's representations and warranties tend to be more extensive because they include information about the target company or business and the stock or assets and liabilities being transferred.

   Representations and Warranties | Practical Law

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3. www.walkermorris.co.uk › in-brief › warranties-andWarranties and/or representations, and why it matters

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   Nov 24, 2016 · There is an important distinction between warranties and representations in English law and whether you want to give either or both of these to your counterparty will depend on your bargaining position and will differ from case to case.

4. uk.practicallaw.thomsonreuters.com › 8/382/3760Representations and Warranties - Practical Law

   uk.practicallaw.thomsonreuters.com › 8/382/3760

   Representations and Warranties. A representation is an assertion as to a fact, true on the date the representation is made, that is given to induce another party to enter into a contract or take some other action. A warranty is a promise of indemnity if the assertion is false.

5. legittai.com › blog › warranties-and-representationsWarranties vs. Representations in Contracts: Knowing the ...

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   Feb 24, 2024 · Nature: Representations are pre-contractual statements of fact, whereas warranties are promises or guarantees within the contract. Breach Consequences: A false representation leads to a claim for misrepresentation, while breaching a warranty leads to a breach of contract claim.

6. uk.practicallaw.thomsonreuters.com › 3/523/7944Representations and warranties: can one clause be both at the ...

   uk.practicallaw.thomsonreuters.com › 3/523/7944

   Jan 30, 2013 · The High Court has ruled that warranties in a share sale agreement did not (and arguably could not) also operate as representations, so as to give the buyer a choice of claiming either contractual damages for breach of warranty or remedies in tort for misrepresentation.

7. emlaw.co.uk › representations-warrantiesRepresentations and Warranties: What’s the Difference? - EM Law

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   Mar 30, 2019 · The key difference between a representation and a warranty is the remedy available to the innocent party when there is a breach. If a warranty is found to be untrue, the innocent party will be entitled to damages.

8. www.which.co.uk › consumer-rights › regulationMisrepresentation Act 1967 - Which?

   www.which.co.uk › consumer-rights › regulation

   A misrepresentation is a statement of fact (not opinion) which is made by a seller before a contract is made. If you relied on that statement when deciding whether or not to go ahead with your purchase, and this then turns out to be wrong, you may be able to claim compensation.

9. www.morganlewis.com › - › mediaRepresentations and Warranties - Why Do They Matter?

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   Consider whether there are other potential buyers — relative leverage makes a big difference on form and scope of representations. Consider whether each representation is appropriate for the target’s business. E.g., environmental, owned real property, manufacturing, healthcare, franchises.