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ARTICLE · 23 MAY 2024

Digital, Commerce & Creative 101: "Warrants", "Represents", "Undertakes" – Are You Using Them Correctly?

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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Lawyers often use the terms "warrants", "represents", and "undertakes" in English law contracts. The terms are often found bundled together preceding contractual assurances or obligations...

United KingdomEmployment and HR
Sally Hughes
Sally Hughes
Alex Kelham
Alex Kelham
James Gill
James Gill
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Lawyers often use the terms “warrants”, “represents”, and “undertakes” in English law contracts. The terms are often found bundled together preceding contractual assurances or obligations – for example, you'll see the following wording in many commercial contracts: “the Supplier warrants, represents and undertakes that it [insert assurance/obligation]”.

These terms can give rise to confusion, and a lawyer might feel the heat if asked to explain the differences between these terms and rationalise each of their uses in English law, particularly if there's no textbook (*Chat GPT) nearby and it's been a few years since contract law seminars at law school. This 101 article provides a quick reminder of the meaning of each term and the consequences of breach. 

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