Counsel for the defendant pointed out that the difference between a "representa- tion" and. a "warranty" may often be blurred, referring to the remark of Dickson, J. (as he then was), in Fraser-Reid v. Droumtsekas (supra) p. 393: "The distinction between representation and warranty is often tenu ous." That is surely correct, but there is, nevertheless a distinction and the problem here is to decide whether the clause related to representations in the sense of precontrac- tual statements or in the sense of warranties or conditions.
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