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Fraud and Breach of Warranty: Buyers’ Claims and Sellers’ Defences 2nd ed


ISBN13: 9781526529022
Previous Edition ISBN: 9781526509666
To be Published: August 2024
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £110.00



What happens when the acquisition of a business goes wrong? What can an injured buyer do to seek redress? How can sellers defend such claims?

This book brings together a combination of commercial insight and deep industry expertise, providing expert guidance on how to make and defend claims in these circumstances.

Completely revised and updated in line with recent caselaw, the 2nd edition contains new material covering:

  • Rejection of a seller's duty of care in negligent misstatement
  • The effect of a goodwill exclusion
  • A material adverse change provision in the context of COVID-19
  • Fraud of an agent and conspiracy to defraud
  • Earnout payment claims
  • Misrepresentation through due diligence responses

Written by leading commercial barristers, it offers in-depth answers to frequently-asked questions and is essential reading for anyone involved in buying or selling a business, with particular appeal to commercial law practitioners, litigators, arbitrators, in-house counsel and contract drafters.

Subjects:
Company Law
Contents:
1. Introduction
2. Warranties and Indemnities and their Breach
3. Excluding or Limiting Liability
4. Knowledge and Disclosure
5. Notification of Claims Clauses
6. Escrow and Earnout Provisions
7. Misrepresentation and Fraud
8. Damages
9. Other Remedies
10. Sellers' Claims
11. Litigation Issues