January 01, 2002

Wrinkles in the Enforceability Boilerplate (2002, 16:01)

Wrinkles in the Enforceability Boilerplate

Probate and Property, January/February 2002, Volume 16, Number 1


By Howard Darmstadter

What can it mean? If the agreement is unenforceable, won’t the warranty be unenforceable as well? In a legal opinion, the sentence (without the warranty language) makes sense, but placed in the agreement itself, it seems to verge on self-contradiction. It’s like the liar paradox: you can say that someone else always lies, but you can’t say it about yourself.

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