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Fraud and Breach of Warranty
Foyalty 255

Fraud and Breach of Warranty (Hardback)

£85.00
Pre-order for despatch on publication.

Synopsis

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

LawLaws of Specific jurisdictionsCompany, commercial & competition lawCommercial lawLawLaws of Specific jurisdictionsCompany, commercial & competition lawContract lawLawLaws of Specific jurisdictionsLegal system: generalCivil procedure, litigation & dispute resolution Publisher: Bloomsbury Publishing PLC Publication Date: 13/08/2020 ISBN-13: 9781526509666  Details: Type: Hardback Format: Books
Availability: Pre-order for despatch on publication. Pre-Order

Simon Salzedo QC is 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)

More books by Simon Salzedo QC

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