“Represents and Warrants” Is a Zombie Usage

Yes, the phrase represents and warrants is a fixture in contracts. And it won’t disappear from the scene any time soon.

But now that my article (this one) is out there, I can declare that represents and warrants is a zombie usage.

And no, it’s not like one of those fast zombies. Fast zombies are badass. Instead, represents and warrants is like one of these zombies:

Walking Dead Zombies

Yeah, the kind of zombie that just mills about aimlessly in a parking lot, or is stuck in a dead-end alley, pawing at a fence. Ultimately, someone puts a crossbow bolt through their brain, runs them over with a truck, or dispatches them in some other quick, effective, and preferably inventive way.

I get it that expediency is a big part of doing deals. You get the deal done using whatever’s at your disposal, and when it comes to contracts, what’s at your disposal likely contains usages that are, well, dead but just don’t know it.

Those who opt for expediency generally prefer that it be kept under wraps. But if you continue to use represents and warrants, I suggest it’s clear that either you’re opting for expediency over quality or you’re not paying attention.

I know them’s fightin’ words.

(See today’s related posts “My New Article on ‘Represents and Warrants'” (here) and “The Rise of ‘States'” (here).

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.