Fraud and Breach of Warranty

Buyers' Claims and Sellers' Defences
Erscheinungsjahr 2020
ISBN: 978-1-5265-0966-6
Verlag: Bloomsbury Academic

Buch, Englisch, 296 Seiten, Hardback, Format (B × H): 170 mm x 244 mm, Gewicht: 667 g

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 297

2. 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

This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Autoren/Hrsg.

Salzedo Kc, Simon

Mcintyre, Andrew

Shaw, Sophie

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Salzedo Kc, Simon
Simon Salzedo KC's practice covers all areas of Commercial Law. He is recommended by the legal directories for Commercial Litigation, Banking and Finance, Civil Fraud, International Arbitration, Professional Negligence, Professional Discipline and Insurance and Reinsurance work. He is an experienced advocate at all levels of the court system and in international arbitration. He is a qualified Chartered Accountant (FCA) and the author of books on the Arbitration Act 1996 and Conflicts of Interest. Simon was Chambers & Partners Professional Negligence Silk of the Year 2019.

Mcintyre, Andrew
Andrew McIntyre 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.

Shaw, Sophie
Sophie Shaw is a barrister at Brick Court Chambers. She has a broad practice with a particular focus on commercial litigation and arbitration.

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 McIntyre
Andrew 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 Shaw
Sophie is a barrister at Brick Court Chambers. She has a broad practice with a particular focus on commercial litigation and arbitration.