Drafting contracts

(b) Statements of fact, not obligations

Statements of fact, not obligations. A warranty is a statement of fact. Like definitions, it should certainly not contain remedies or obligations. If the drafter wants to provide for a remedy in case a warranty is incorrect, or for several remedies depending on the warranty being incorrect or depending on the ‘incorrectness’ of a warranty, it should be addressed in a separate provision.

This section is short, but important enough to be a section of its own.