Fraud and Breach of Warranty: Buyers' Claims and Sellers' Defences

By Simon Salzedo and Geoffery Kuehne

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.

• Format: Hardcover
• Language: English
• ISBN: 1526509660
• ISBN13: 9781526509666
• Release Date: November 2020
• Publisher: Tottel Publishing
• Length: 296 Pages
• Weight: 1.47 lbs.
• Dimensions: 0.7" x 6.7" x 9.6"