| Commentary

48.1 Warranties in general

| Commentary

48: WARRANTIES

(For standard contract warranties see Form 48.1 [1729] onwards.)

48.1 Warranties in general

A warranty is a statement of a fact, forming part of the contract, which the party giving the warranty asserts to be true.

Many commercial contracts contain warranties by one or both parties. These may include warranties as to matters which are central to due performance of the contract but which cannot easily be verified by the other party. The exact nature of these warranties depends on the transaction into which the parties enter. In an agreement for the sale of a business, the seller will

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