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:
• The Sale and Purchase Agreement
• Consideration
• Warranties – what are they for?
• Disclosures against the warranties
• The difference between warranties, indemnities and representations
• Establishing a breach – evidence
• Vendor protections
• Dealing with third parties
• The notification letter
• 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