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Fraud and Breach of Warranty: Buyers’ Claims and Sellers’ Defences

Autor Simon Salzedo KC, KC, Mr Andrew McIntyre, Sophie Shaw
en Limba Engleză Hardback – 28 sep 2020
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 233. 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 6324. 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 4237. 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 352This title is included in Bloomsbury Professional's Company and Commercial Law online service.
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Specificații

ISBN-13: 9781526509666
ISBN-10: 1526509660
Pagini: 296
Dimensiuni: 156 x 248 x 31 mm
Greutate: 0.67 kg
Editura: Bloomsbury Publishing
Colecția Bloomsbury Professional
Locul publicării:London, United Kingdom

Caracteristici

Simon Salzedo is a leading QC in this area of law and has been involved in many of the major cases surrounding fraud and breach of warranty representing both buyers and sellers of companies

Notă biografică

Simon Salzedo KC Simon s a barrister at Brick Court Chambers. Much of Simon's work involves making or defending allegations of fraud in a commercial context. He is described as:"...tenacious in getting to grips with a matter, his judgement's excellent and he works incredibly hard." "A barrister with a detailed and analytical mind who has outstanding legal knowledge." (Chambers & Partners 2018)"One of the best: clear-thinking, responsive, and a first-class advocate." (The Legal 500, 2017)Andrew McIntyreAndrew is a barrister at Brick Court Chambers. He undertakes work in a number of practice areas including commercial law, public law and EU/Competition Law.Before coming to the Bar Andrew was a UN Legal Officer at the Khmer Rouge tribunal in Cambodia. He had previously worked for Yanagida and Partners in Tokyo where he advised on the UK, EU and US law aspects of international commercial disputes.Sophie ShawSophie is a barrister at Brick Court Chambers. She has a broad practice with a particular focus on commercial litigation and arbitration.

Cuprins

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

Recenzii

Cutting through the confusion of fraud and breach of warranty: a valuable new digest on a tricky area of law. this book is a useful, if not essential addition to the well-stocked practitioner library.