3.2.4 The term « insurance and guarantees » is known in contracts for the sale and purchase of shares or business operations. It is often shortened by in-company lawyers to the jargon « Reps and Warranties ». They also like to shorten « due diligence », which is jargon, starting with « due dil », which is double jargon. These sales contracts usually detail the consequences of an infringement, which renders irrelevant the technical importance of « representing and guaranteeing ». Before you sign or draft a legal document, you should have some basic information about an affidavit and a company. Affidavit and undertaking are very different from each other, an affidavit is usually written for the facts, while on the other hand a business is a particular type of promise to the court or to someone else. 1.1.1 Capacity or ability to grant rights under the contract in question 2.2.6 Although a breach of the warranty does not entitle the customer to termination under customary law, the parties may always agree among themselves on the existence of a right of termination. This is exactly what happens when there is an explicit right of termination for « material breach ». The distinction between guarantees and conditions derives from the nineteenth-century law on the sale of goods. 2.1.2 Contracts often formulate obligations in such a way that you do something « or must ».
Both, although often found, are fake. 2.2.3 Nevertheless, commercial contracts are often guarantees with respect to a future fact, for example. B that the goods correspond to their description for a post-delivery period. The use of « guarantees » in this sense has become commonplace and has the advantage, compared to « obligations », of easily inserting notions of quality, etc., into a single warranty clause and being identified as such. Both can be applied, but the mode of implementation is slightly different. An agreement may be subject to contractual recourse (need to prove the offer/acceptance/consideration/negative trust) if a party recovers negatively, while an injured company may be sued for a promise (need to prove the promise and proper and unfavorable trust). In criminal proceedings, a bail guarantee is a guarantee for the appearance of the accused. In the event that the defendant does not show up, the amount deposited in the form of security is cancelled. .