Fraud and Breach of Warranty : Buyers’ Claims and Sellers’ Defences PDF
by Simon, KC (Brick Court Chambers, UK) Salzedo KC, Mr Andrew (Brick Court Chambers, UK) McIntyre, Sophie (Brick Court Chambers, UK) Shaw
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
This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Information
-
Download - Immediately Available
- Format:PDF
- Pages:200 pages
- Publisher:Bloomsbury Publishing PLC
- Publication Date:24/09/2020
- Category:
- ISBN:9781526509680
Information
-
Download - Immediately Available
- Format:PDF
- Pages:200 pages
- Publisher:Bloomsbury Publishing PLC
- Publication Date:24/09/2020
- Category:
- ISBN:9781526509680