Drafting Representations and Warranties in a Contract
D.C. Toedt III, writing in the On Contracts blog, offers some lessons for drafting representations and warranties in contracts.
He discusses a hypothetical case that involved the sale of a car, showing how the case could turn out differently, depending on whether the seller represented — or warranted — that the car was in good condition.
“If your client is being asked to represent and warrant some fact, then consider whether the client should only represent the fact, or whether the client should only warrant the fact,” Toedt writes in one of his drafting lessons.
