Clause Quote by Charles M. Fox
““Some people incorrectly assume that a survival clause means that the representations are made or brought down on a continuing basis. This is inconsistent with the concept of representations as a snapshot and would have the effect of converting representations into covenants.””
About This Quote
Source Article: Legal Implications of Data Representation, Journal of Tech Law, 2021
Treating ongoing data updates as a continuous contract conflicts with viewing each snapshot as a fixed agreement.
In simple terms: Continuous updates clash with fixed agreements.
Key Takeaway
Clarify whether data is a snapshot or a covenant.
Themes
legal
data governance
contracts
technology
clarity
Mood
cautious
thoughtful
Type
legal
technical
When to use this quote
- software licensing
- cloud services
- regulatory compliance
Key Concepts
snapshot vs covenant
data lifecycle
contractual obligations
Questions to Reflect On
- Do you treat data updates as contracts?
- What policies define snapshot versus ongoing representation?
A Different Perspective
Assuming continuity may create unintended legal obligations.
![“[The necessary and proper clause] neither enlarges any power specifically granted; nor is it a grant of any new power to Congress; But it is merely a declaration, for the removal of all uncertainty, that the means of carrying into execution those otherwise granted are included in the grant.” quote by Joseph Story](https://sms4smile.com/quotes/img-quotes/206/joseph-story-11919_clauses_the-necessary-and-proper-clause-neither_1577673.jpg)
