Eliminating the Phrase Represents and Warrants from Contracts

In the United States, courts and most practitioners attribute no particular significance to use of represents and warrants to introduce statements of fact, although some U.S. commenters suggest that the phrase has implications for remedies. By contrast, in England, courts, practitioners, and commentators accept that those verbs do have implications for remedies, with represents leaving open the possibility of tort remedies for misrepresentation and warrants leaving open the possibility of contract remedies for breach of warranty.