A warranty contained in a contract is a term that does not go to the root of the agreement but, rather, expresses a lesser obligation. A breach will result in a claim for damages but not rescission: see Fraser-Reid v. Droumtsekas, supra, at p. 731.
The warranties were also expressed “to survive closing”. This is a clear expression of the intention of the parties and, hence, the concept of merger does not apply: see Fraser-Reid v. Droumtsekas, supra, at p. 734.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.