Introduction
A Representation is a statement of truth on which the receiving party relies to convince them to engage in the contract. It is usually stated before the contract, but it may also be stated in the contract When a misleading representation is made, a party may file a claim for misrepresentation. They may be able to terminate the contract. This means that the deal will be voided, and the receiving party may be able to recover damages to put them back in the position they would have been in if the contract had never been entered into. Representation includes any type of: Warranty, Condition, Undertaking.
Statements made during negotiations may constitute a contractual term or a representation. It is critical to understand whether a given statement is a contractual provision or a representation since this determines the relevant cause of action and remedy available. If the statement amounts to a contract term that is not met, the innocent party may claim for breach of contract. If the statement is just a representation that turns out to be false, the innocent party may sue for misrepresentation.
Warranty
In contract law, a warranty is a promise or assurance made by one party to another that the facts are genuine and dependable. A contractual warranty is a duty to ensure that the facts relating to the subject of the contract are correct. If such facts turn out to be false, the guarantee protects the recipient by covering any resulting damages. Warranties are often applied in commercial contexts, and they frequently arise when a firm enters into a warranty voluntarily.
Warranties are regarded as an extra set of regulations. They both have time constraints, but the time limitations established on the contract’s terms are legally binding. Warranties are often a specific phrase inside the contract’s terms that is a written guarantee. Knowing the distinction between the two words is crucial for two reasons: liability and termination.
If a contract requirement is violated, the innocent party may be able to dissolve the deal. They can also sue for damages or choose to retain the contract in effect. Knowing the distinction between the two words is crucial for two reasons: liability and termination. If a contract requirement is violated, the innocent party may be able to dissolve the deal. They can also sue for damages or choose to retain the contract in effect. There are two types of warranties- implied and expressed.
How is a Breach of Contract in Representations and Warranties Administered?
REPRESENATIONS
Basis of claim- The seller’s assertion is untrue, and the buyer may file a claim for misrepresentation.
When must the claim be acquired? – A claim for misrepresentation must generally be filed within six years after the date of harm.
Damages incurred- The basic rule for assessing damages for misrepresentation is to place the parties in the position they would have been in before the contract’s formation. Under the Misrepresentation Act of 1967, the buyer may also be entitled to claim other damages incurred as a result of the transaction.
Right to terminate/rescind the contract- The buyer may be able to rescind the contract if a claim for misrepresentation is made. The effect of rescission is to return the parties to their original position before the contract’s formation. In some instances, such as when the buyer confirms the contract or when a substantial period has passed, the right to cancel the contract may be lost.
WARRANTIES
Claim basis- A violation of warranty gives rise to a breach of contract claim.
When must the claim be acquired?- Normally, a claim for breach of warranty must be filed within six years after the date the contract is violated.
Damages incurred- The basic rule for calculating damages for breach of contract is that damages should be calculated in a specific way. The claimant is placed in the position it would have been in if the contract was correctly fulfilled, i.e., if the warranty was true.
Right to cancel or withdraw the contract-
A warranty is, by definition, a contractual provision that is supplementary to the primary objective of the contract. As a result, a breach of warranty would generally not allow the buyer to cancel the contract.
Comparison
- A warranty is an important component of a contract, whereas a representation is typically merely a secondary incentive.
- A warranty is always written on the contract’s face, but a representation might be written or spoken.
- The burden is on the party claiming breach to prove that a representation is a material, whereas a warranty is clearly deemed to be material.
- A warranty must be rigorously followed, but the sole need for a representation is significant truth.
Conclusion
Understanding the distinction between these two legal notions is critical. Because it can have a significant impact on how a claim is presented in court, the possible remedies, and the number of damages that can be sought. A representation is a claim of a fact that is accurate on the day the representation is made and is intended to entice another party to enter into a contract or take some other action.
A warranty is a guarantee to provide compensation if the statement is incorrect. In practice, the phrases “representation” and “warranty” are sometimes used interchangeably. If a representation is false, it is said to be “inaccurate.” A warranty is “breached” when it is not true.
