Warranty Claims

In this course, delegates will be guided through each stage of a claim under the warranties in a typical share sale and purchase agreement. This course also includes a review of the complex and often misunderstood subject of quantification of damages for breach of warranty. The course will cover the following subjects:

 

What are warranties?

 

•          The Sale and Purchase AgreementSaleand Purchase Agreement

 

          Consideration

 

          Warranties – what are they for?

 

          Disclosures against the warranties

 

          The difference between warranties, indemnities and representations

 

The procedure

 

          Establishing a breach – evidence

 

          Vendor protections

 

          Dealing with third parties

 

          The notification letter

 

Quantifying warranty claims

 

          What is the purchaser trying to achieve? Adjusting the consideration

 

          Calculating the loss

 

          The difference between quantifying warranty claims and misrepresentation claims

 

          Limitations and exclusions of liability