The current issue of Business Law Today, published by the ABA Section of Business Law, contains my article The Phrase Represents and Warrants Is Pointless and Confusing (here). How’s that for a direct title?
This article is a boiled-down version of my recent article in the Tennessee Journal of Business Law (here). I omitted discussion of English law, use of only warrants in the context of sale of goods, and all those juicy footnotes.
I have yet to see any meaningful criticism by commentators or academics of my position on represents and warrants. By that, I mean no one has attempted to rebut my arguments. (Reciting the conventional wisdom doesn’t count.) I fear that in the U.S. at least, scholarship of the building blocks of contract language, c’est moi. (I put Glenn West in the what-to-say camp; I’m primarily how-to-say-it.)
It’s you, readers, who don’t hesitate to set me straight. Keep it coming.