Fraud and Breach of Warranty

Buyers' Claims and Sellers' Defences
2. Auflage 2024
ISBN: 978-1-5265-2902-2
Verlag: Bloomsbury Academic

Buch, Englisch, 312 Seiten, Hardback, Format (B × H): 162 mm x 253 mm, Gewicht: 653 g

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.

Autoren/Hrsg.

Salzedo Kc, Simon

Shaw, Sophie

Mcintyre, Andrew

Fachgebiete

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

Inhaltsverzeichnis

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

Über Autor(innen)

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.

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.

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, Barrister, Brick Court Chambers, UK
Andrew McIntyre, Barrister, Brick Court Chambers, UK
Sophie Shaw, Barrister, Brick Court Chambers, UK