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Rich Molesworth, Katia Contos and Lauren Owide discuss representations and warranties, a heavily negotiated area in transactions. This episode covers some key issues to be aware of in relation to notice requirements, fraudulent misrepresentation claims (including a discussion around whether the warranties themselves can be relied upon as representations) and a buyer's knowledge or awareness of an issue, which can give rise to a defence against a claim by the buyer, pointing out practical tips to be alive to for these issues when drafting transactional documents.
By Baker McKenzie London Dispute ResolutionRich Molesworth, Katia Contos and Lauren Owide discuss representations and warranties, a heavily negotiated area in transactions. This episode covers some key issues to be aware of in relation to notice requirements, fraudulent misrepresentation claims (including a discussion around whether the warranties themselves can be relied upon as representations) and a buyer's knowledge or awareness of an issue, which can give rise to a defence against a claim by the buyer, pointing out practical tips to be alive to for these issues when drafting transactional documents.