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?
Fraud and Breach of Warranty: Buyers' Claims and Sellers' Defences brings together a combination of commercial insight and deep industry expertise, providing expert guidance on how to make and defend claims relating to the sale of businesses.
Completely revised and updated in line with voluminous recent case law, the
Second Edition contains new and revised material covering:
- Material adverse change provisions, including in the context of Covid-19
- Notification clauses
- Exclusions of goodwill claims
- Earnout payment claims
- Misrepresentation through due diligence responses
- Fraud of an agent
- Quantum of loss in breach of warranty and fraud
- Rescission of an SPA
Written by leading commercial barristers, this book offers in-depth and practical 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.
This title is included in Bloomsbury Professional's Company and Commercial Law online service.
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.
This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Cutting through the confusion of fraud and breach of warranty: a valuable new digest on a tricky area of law.