Full Description
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.
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
