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What is the difference between a representation, a warranty and an undertaking in a contract?

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16 August 2016

​The words “represents, warrants and undertakes” are often used separately, or as a group, in contracts. They may precede various statements, for example as to capacity to enter into the agreement, an ability to grant the rights in question, the quality of the goods or services being provided or the accuracy of certain factual matters.

While these words are often seen together, it is important to appreciate that they may have different implications, and give rise to different remedies. This note considers these points in light of some recent cases.

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