Garner's dictionary of legal usage online dating

25-Dec-2017 06:14

Usage In business contracts, or both are used to introduce statements of fact by parties – statements relating to matters that they broadly control or that fall within the scope of their operations.

And second, if you want to exclude particular remedies or make sure that they’re available, do so explicitly instead of relying on what is inscrutable and unreliable code.

Under the permissive version, such a naked statement of fact could still be deemed a representation or warranty, respectively, depending on the nature of the statement itself.

There’s no principled basis for doing so., the Uniform Commercial Code specify the elements of a claim for misrepresentation and a claim for breach of warranty. Adams is author of A Manual of Style for Contract Drafting (3d ed. Where the permissive and restrictive rationales differ is how they treat a statement of fact that isn’t introduced by , or both, or otherwise explicitly characterized as a representation, a warranty, or both. According to the remedies rationale, a drafter can ensure that a statement of fact is treated as a representation, as a warranty, or as both by introducing that statement of fact with 15, 137–38 (2d ed. The remedies rationale comes in two flavors, which this article calls “permissive” and “restrictive.” Under both the permissive remedies rationale and the restrictive remedies rationale, explicitly describing a statement of fact as a representation, a warranty, or both, by means of an introductory verb or otherwise, is sufficient to make it so. First, use to introduce statements of fact in a contract.

By contrast, some commentators suggest that the phrase has implications for remedies or pertains to the timeframe of the facts in question. This article will show that to avoid confusion, you should do two things.

It’s unreasonable to expect readers to make that connection.