Drafting contracts

(d) A warranty is incorrect (or untrue), but not breached

A warranty is incorrect (or ‘untrue‘), but not breached. Like recitals, warranties are statements of fact. Someone can ‘breach’ a contractual obligation or covenant, but not a statement of fact. A properly drafted warranty is either true (or correct) or not. There should be no room for something in-between. Of course, a warranty can be partially incorrect, but this implies that also the warranty in its entirety is incorrect. In the English language, it is also appropriate to stipulate that a warranty is ‘accurate’ (or ‘inaccurate’).