Narration About Representations, Canadian Lawyer

Neill May is a contributor to Canadian Lawyer magazine.  This article first appeared in the September, 2018 issue.

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.

Click here for more.