Fraud and Breach of Warranty: Buyers' Claims and Sellers' Defences Contributor(s): Salzedo Qc, Simon (Author), McIntyre, Andrew (Author), Shaw, Sophie (Author) |
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ISBN: 1526509660 ISBN-13: 9781526509666 Publisher: Tottel Publishing OUR PRICE: $109.25 Product Type: Hardcover Published: September 2020 |
Additional Information |
BISAC Categories: - Law | Litigation - Law | Contracts - Law | Commercial - General |
Physical Information: 0.69" H x 6.69" W x 9.61" (1.47 lbs) 296 pages |
Descriptions, Reviews, Etc. |
Publisher 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 2972. 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 |