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

NOT YET PUBLISHED

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.

table of content

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