Depends, are you talking about an activist judge or a strict constructionist?
If I have a rep and warrant in my contract that you’re providing “goods and services” in a certain condition and you don’t provide them in that state, I certainly can sue for breach of contract.
As for the remedy for breach, that’ll be the big issue. Does the judge invalidate the transaction? Doubtful because of the mass chaos that’ll happen but I’m sure there will be a nice hefty financial penalty for failing to live up to one’s contractual obligations.
All stated with the caveat that I’m a transactional attorney not a litigator.
