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
Автор: Burrows Qc Fba, Andrew (barrister And Honorary Ben Название: Remedies for torts, breach of contract, and equitable wrongs ISBN: 0198705948 ISBN-13(EAN): 9780198705949 Издательство: Oxford Academ Рейтинг: Цена: 11246.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Remedies for Torts, Breach of Contract, and Equitable Wrongs, fourth edition, is a major text for students, legal practitioners and academics. Celebrated as a leading work on judicial remedies for civil wrongs in English law, this accessible and enduring work is extensively revised for its fourth edition (2019).
Автор: James Goudkamp Название: Tort Law Defences ISBN: 1509905022 ISBN-13(EAN): 9781509905027 Издательство: Bloomsbury Academic Рейтинг: Цена: 6018.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified.
This new paperback edition contains a substantial preface in which the author responds to critics.
Reviews 'James Goudkamp's book can rightly claim to be the first serious attempt to examine tort law defences systematically and it is a very important addition to the private law canon ... His] analysis is consistently thought-provoking ... T]his book will provide the framework for future analysis of all private law defences'. Graham Virgo, The Cambridge Law Journal
'This book ... is the first sustained attempt in the modern law to explore the theoretical foundations of the defences to liability recognised by the law of tort and their interrelationship ... It is] an instant classic'. Ken Oliphant and Annette Morris, Yearbook of European Tort Law 'James Goudkamp's Tort Law Defences fills a startling gap in tort law scholarship... It] provides an impressive foundation for the future study of defences, and will undoubtedly become the standard against which all other works are measured'. Erika Chamberlain, Canadian Business Law Journal
Автор: Rowan Solene Название: Remedies for Breach of Contract ISBN: 0199606609 ISBN-13(EAN): 9780199606603 Издательство: Oxford Academ Рейтинг: Цена: 13622.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This award-winning book is a comprehensive and timely examination of remedies for breach of contract. It analyses and challenges fundamental aspects of English law contractual remedies, drawing upon comparative study of French law and with particular focus on recent developments in both jurisdictions. It also makes suggestions as to how contractual remedies in England might be strengthened.
Автор: Anisur Rahman; Gopinath Chattopadhyay Название: Long Term Warranty and After Sales Service ISBN: 3319162705 ISBN-13(EAN): 9783319162706 Издательство: Springer Рейтинг: Цена: 9141.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Introduction to Long-Term Warranty and After-Sales Service.- Lifetime Warranties: Policies and Cost Models.- Used Second-hand Product Warranty.- Extended Warranty.- Maintenance Contract.- Outsourcing Rail Maintenance through Maintenance Contracts - A Case Study.
Автор: Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith Название: Defences in Contract ISBN: 1509930086 ISBN-13(EAN): 9781509930081 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.
Автор: Andrew Dyson, James Goudkamp, Frederick Wilmot-Smi Название: Defences in Contract ISBN: 1849467234 ISBN-13(EAN): 9781849467230 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. Many scholars are unaccustomed to thinking of defences to contract law and so fresh light is shed on an old topic. The essays make several original contributions to this complex, important but neglected field of academic enquiry. The contributors-judges and academics-are all leading jurists. The essays are addressed to all of the major common law jurisdictions. (Series: Hart Studies in Private Law: Essays on Defences, Vol. 3) Subject: Contract Law, Tort Law, Commercial Law, Legal History]
Автор: Van Kogelenberg, Martijn Название: Motive matters! ISBN: 1780681631 ISBN-13(EAN): 9781780681634 Издательство: INGRAM PUBLISHER SERVICES UK Рейтинг: Цена: 12609.00 р. Наличие на складе: Поставка под заказ.
Описание: This book argues that motives for committing breach of contract should matter in the application of remedies in contract. Deliberate breach of contract requires a different and sterner answer from the law of contract than any other breach of contract.
Описание: This book analyzes the conflict that emerges between parties after a breach of contract and how different legal remedies can best reduce conflict. Causes for conflict include equity, efficiency, and ethical reasons that parties might consider and use to blame the other or to justify breach. In the end, if not resolved through apologies or renegotiation, conflict leads to aggrievement and behavioral reactions in form of retaliation by the victim against the promisor in breach. The book provides empirical evidence from laboratory experiments for how individuals react to perceived wrongful acts such as breach of contract and for the function of legal remedies to reduce retaliation by disappointed promisees in providing them compensation. It reveals how the inequality in the outcome, and not the inefficiency of breach of contract, causes aggrievement and retaliation by victims. The book concludes with a comparative law and economic analysis of remedies for breach of contract adopted in different leading jurisdictions, with important normative implications for the American insistence on expectation damages, the French expansion of specific performance with "astreinte", the German junction of specific performance, expectation damages, and disgorgement damages, and the British timid acceptance of partial disgorgement damages. The book will appeal to scholars, researchers, and students of economics and law, interested in a better understanding of remedies for breach of contract.
Описание: This book analyzes the conflict that emerges between parties after a breach of contract and how different legal remedies can best reduce conflict. Causes for conflict include equity, efficiency, and ethical reasons that parties might consider and use to blame the other or to justify breach. In the end, if not resolved through apologies or renegotiation, conflict leads to aggrievement and behavioral reactions in form of retaliation by the victim against the promisor in breach. The book provides empirical evidence from laboratory experiments for how individuals react to perceived wrongful acts such as breach of contract and for the function of legal remedies to reduce retaliation by disappointed promisees in providing them compensation. It reveals how the inequality in the outcome, and not the inefficiency of breach of contract, causes aggrievement and retaliation by victims. The book concludes with a comparative law and economic analysis of remedies for breach of contract adopted in different leading jurisdictions, with important normative implications for the American insistence on expectation damages, the French expansion of specific performance with "astreinte", the German junction of specific performance, expectation damages, and disgorgement damages, and the British timid acceptance of partial disgorgement damages. The book will appeal to scholars, researchers, and students of economics and law, interested in a better understanding of remedies for breach of contract.
Описание: A Petal Unfolds is brimming with easy-to-make DIY paper flowers to bring beauty and style to your home. Susan gives step-by-step advice, discussing basic materials, tools and techniques as well as tips on flower parts, colouring and painting, before guiding you through each tutorial - so you can make something just as stunning as the real thing.
Описание: The author compares the two predominant remedies for breach of contract which have been adopted by most jurisdictions and also found access to international conventions like the Convention on Contracts for the International Sale of Goods (CiSG): Specific performance and expectation damages.
Автор: Stannard, John (professor, Professor, Queen`s University Belfast) Capper, David (reader In Law, Reader In Law, Queen`s University Belfast) Название: Termination for breach of contract ISBN: 0198852290 ISBN-13(EAN): 9780198852292 Издательство: Oxford Academ Рейтинг: Цена: 27720.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This is a leading in-depth treatise on termination as a remedy for breach of contract.The second edition is fully updated to include 125 new cases and legislation such as the Consumer Rights Act.
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