Narration About Representations
|Area||Mergers and Acquisitions|
Article originally published in the Canadian Lawyer Magazine, September 2018
Excerpt from "Narration About Representations":
Recent issues in commercial practice representations have, ironically, demonstrated that M&A representations, too, have their own unique dynamic. M&A practitioners will likely recall instances where clients mistook representations as statements of truth, as if sworn statements were being made. It can be a challenge for some to make a representation that they are not certain to be true, not simply because of the potential financial exposure but because a contract element that is really about risk allocation is mistaken for a form of personal oath.