Fraud and Breach of Warranty

Buyers’ Claims and Sellers’ Defences

Fraud and Breach of Warranty cover

Fraud and Breach of Warranty

Buyers’ Claims and Sellers’ Defences

Description

Claims of fraud and breach of warranty are common following the purchase of a business. They often mix tort and breach of contract and may involve specialist aspects such as notification provisions and escrow mechanisms.

This new title provides a practitioner's guide to claims of fraud and breach of warranty from a leading commercial QC with great experience in this field.

Key questions to be considered include:

1. When can a warranty also be a representation? Cases include Idemitsu Kosan v Sumitomo [2016] 2 CLC 297
2. When is a warranty claim properly notified and served? Cases to be considered include Nobahar-Cookson v Hut Group [2016] EWCA Civ 128 and Teoco v Aircom Jersey 4 Ltd [2018] EWCA Civ 23
3. When is has fair disclosure been given? Cases include New Hearts v Cosmopolitan Investments [1997] 2 BCLC 249, Infiniteland v Artisan Contracting [2006] 1 BCLC 632
4. What are the requirements for proving fraud in the context of sale of a business? Cases include Belfairs v Sutherland [2010] EWHC 2276 (Ch)
5. When is an accounting fraud attributed to the seller? Cases include Man v Freightliner [2005] EWHC 2347 (Comm) and Hut Group v Nobahar-Cookson [2014] EWHC 3842 (QB)
6. What are the remedies for fraud and breach of warranty and how are damages calculated? Cases include Lion Nathan v CC Bottlers [1996] 1 WLR 1438, Senate Electrical v Alcatel Submarine [1999] 2 Lloyd's Rep 423
7. When can the seller claim for loss of earnout under purchaser's warranties? Cases include Porton v 3M [2011] EWHC 2895 (Comm) and Kitcatt v MMS [2017] 2 BCLC 352

Table of Contents

Chapter 1 Introduction
Chapter 2 Warranties and Indemnities and their Breach
Chapter 3 Excluding or Limiting Liability
Chapter 4 Knowledge and Disclosure
Chapter 5 Notification of claims clauses
Chapter 6 Escrow and Earnout Provisions
Chapter 7 Misrepresentation and Fraud
Chapter 8 Damages
Chapter 9 Other Remedies
Chapter 10 Sellers ' Claims
Chapter 11 Litigation Issues

Product details

Published 24 Sep 2020
Format Ebook (PDF)
Edition 1st
Extent 200
ISBN 9781526509680
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors

Author

Simon Salzedo QC

Simon Salzedo QC's practice covers all areas of Co…

Author

Andrew McIntyre

Andrew McIntyre is a barrister at Brick Court Cham…

Author

Sophie Shaw

Sophie Shaw is a barrister at Brick Court Chambers…

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