Download or read book Fraud and Breach of Warranty written by Simon Salzedo KC and published by Bloomsbury Publishing. This book was released on 2020-09-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Fraud and Breach of Warranty written by Simon Salzedo and published by . This book was released on 2020 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fraud and Breach of Warranty written by Simon Salzedo KC and published by Bloomsbury Publishing. This book was released on 2020-09-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Warranty Fraud Management written by Matti Kurvinen and published by John Wiley & Sons. This book was released on 2016-05-26 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Elements of the Law of Sale of Personal Property written by William Livesey Burdick and published by . This book was released on 1901 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Treatise on the Law of Warranties and Representations Upon the Sale of Personal Chattels written by Thomas William Saunders and published by . This book was released on 1874 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sales of Goods and Services written by Yvonne W. Rosmarin and published by . This book was released on 1989 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Treatise on the Law of Warranties in the Sale of Chattels written by Arthur Biddle and published by . This book was released on 1884 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Misrepresentation and False Warranty in the Illinois Insurance Code written by Albert Ehrenzweig and published by . This book was released on 1942 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Businessperson s Guide to Federal Warranty Law written by and published by . This book was released on 1987 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Machine Company Suits and Collections written by John S. McLean and published by . This book was released on 1888 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Misrepresentation Mistake and Non disclosure written by John Cartwright and published by Sweet & Maxwell. This book was released on 2012 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Consumer Warranty Law written by Carolyn L. Carter and published by . This book was released on 2006 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Mistake and Misrepresentation written by S. J. Stoljar and published by . This book was released on 1968 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Consumer Warranty Law written by Jonathan A. Sheldon and published by . This book was released on 2000 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Treatise on the Law of Sale of Personal Property written by Floyd Russell Mechem and published by . This book was released on 1901 with total page 962 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal Protection for Today s Consumer written by Simeon L. Horvitz and published by . This book was released on 1989 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: