M&A Foundations · glossary

Representation vs warranty

In English law the labels carry different remedies: an untrue representation may allow the contract to be unwound (rescission) and different damages; breach of warranty gives contractual damages only. That is why English SPAs say the seller "warrants" and expressly exclude representations — in contrast to the American habit of "reps and warranties". Chapter 11

Explained in Chapter 11, Warranties and Disclosure, of M&A Foundations.

Related terms

Where this term lives

Every chapter of M&A Foundations is free to read, including the full training share purchase agreement. It is part of one complete fictional deal, with every document attached and a test after every chapter. Open M&A Foundations → · All terms A–Z →