LML4805 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 16 August 2024 ; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9.... Briefly explain the differences between a representation and a warranty; between an affirmative warranty and a ...
Due date: 16 August 2024
QUESTION 1 (2 ANSWERS PROVIDED)
Differences Between a Representation and a Warranty
Representation: A representation is a pre-contractual statement made by one party to
another during negotiations. It is typically not a term of the contract but an assertion that
a fact or set of facts is true. If a representation turns out to be false, it may give rise to a
claim for misrepresentation, which is a delict (a civil wrong), rather than a breach of
contract.
Example: If a seller of a car tells a buyer that the car has never been in an accident, this
is a representation. If it turns out the car was indeed in an accident, the buyer may have
a claim for misrepresentation.
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