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Fraud And Breach Of Warranty

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Fraud And Breach Of Warranty

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Author : Simon Salzedo KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-09-24

Fraud And Breach Of Warranty written by Simon Salzedo KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-24 with Law categories.

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

Fraud And Breach Of Warranty

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Author : Simon Salzedo
language : en
Publisher:
Release Date : 2020

Fraud And Breach Of Warranty written by Simon Salzedo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Electronic books categories.

Warranty Fraud Management

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Author : Matti Kurvinen
language : en
Publisher: John Wiley & Sons
Release Date : 2016-05-26

Warranty Fraud Management written by Matti Kurvinen and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-26 with Computers categories.

Cut warranty costs by reducing fraud with transparent processes and balanced control Warranty Fraud Management provides a clear, practical framework for reducing fraudulent warranty claims and other excess costs in warranty and service operations. Packed with actionable guidelines and detailed information, this book lays out a system of efficient warranty management that can reduce costs without upsetting the customer relationship. You'll dig into the whole spectrum of warranty fraud, from simple sloppy procedures to systematic organized crime, and get to know the fraudulent parties, the victims, as well as the objectives and methods of the fraudulent activities in different scenarios. You'll learn how to implement controls to detect and reduce fraudulent claims and decrease the overall warranty costs. The impact of fraudulent claims is plainly spelled out alongside detailed descriptions of typical symptoms and process gaps present in diverse companies. A comprehensive, multi-modal framework for robust warranty management is presented as a template for revamping your own company's strategy. Fraudulent warranty claims occupy an estimated 3-15 percent of the average company's warranty costs, which generally average between 1-4 percent of sales. Many companies are unaware of the issue or struggle to take action against the claims for fear of upsetting business partners, or because they lack tangible evidence. This book details a robust warranty control framework that institutes transparency and control over the whole warranty chain—supporting the process far beyond just fraud reduction. Understand the different actors (customers, sales channels, service agents, warranty providers, etc.) and different forms of warranty fraud Uncover issues in your company's warranty processes Learn methods to detect and prevent fraudulent activities Implement a robust system of warranty cost control Warranty fraud is a major cost-control issue for most companies, but the sensitive nature of the topic leaves most reluctant to share their experiences and divulge their strategies. Warranty Fraud Management brings warranty fraud out into the open, and provides a clear, actionable framework for cost-savings through fraud reduction.

A Treatise On The Law Of Warranties And Representations Upon The Sale Of Personal Chattels

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Author : Thomas William Saunders
language : en
Publisher:
Release Date : 1874

A Treatise On The Law Of Warranties And Representations Upon The Sale Of Personal Chattels written by Thomas William Saunders and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1874 with Sales categories.

Misrepresentation Mistake And Non Disclosure

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Author : John Cartwright
language : en
Publisher: Sweet & Maxwell
Release Date : 2012

Misrepresentation Mistake And Non Disclosure written by John Cartwright and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.

This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.

Fraud And Breach Of Warranty

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Author : Simon Salzedo KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-09-24

Mistake And Misrepresentation

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Author : S. J. Stoljar
language : en
Publisher:
Release Date : 1968

Mistake And Misrepresentation written by S. J. Stoljar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Law categories.

Comment on legislation and analysis of jurisprudence concerning liability in respect of mistake in writing letters of contract in commercial affairs and real estate business, with particular reference to the UK and some reference to relevant administration of justice in Australia and the USA - covers mistake in good faith, misrepresentation, misdescription, fraud, deceit, negligence, mistake in gift, pecuniary liability, etc. References.

A Treatise On The Law Of Warranties In The Sale Of Chattels

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Author : Arthur Biddle
language : en
Publisher:
Release Date : 1884

A Treatise On The Law Of Warranties In The Sale Of Chattels written by Arthur Biddle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1884 with Warranty categories.

Mistake Fraud And Duties To Inform In European Contract Law

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Author : Ruth Sefton-Green
language : en
Publisher: Cambridge University Press
Release Date : 2005-02-10

Mistake Fraud And Duties To Inform In European Contract Law written by Ruth Sefton-Green and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-02-10 with Law categories.

This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.

The Elements Of The Law Of Sale Of Personal Property

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Author : William Livesey Burdick
language : en
Publisher:
Release Date : 1901

The Elements Of The Law Of Sale Of Personal Property written by William Livesey Burdick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1901 with Real property categories.

Fraud And Breach Of Warranty

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