Q&As

Are costs and expenses incurred by a buyer in bringing a warranty claim to be taken into account in calculating the monetary thresholds under the warranty limitations on liability?

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Published on LexisPSL on 29/11/2016

The following Corporate Q&A provides comprehensive and up to date legal information covering:

  • Are costs and expenses incurred by a buyer in bringing a warranty claim to be taken into account in calculating the monetary thresholds under the warranty limitations on liability?

The recoverable loss under a share purchase agreement limitation of liability clause for breach of warranty is governed by contract law. The warranties are contractual statements or assurances as to the condition of the target company, its business, assets and liabilities. If a seller gives a warranty in a share purchase agreement that proves to be inaccurate, untrue or misleading, this will give rise to a claim for breach of warranty entitling the buyer to an action for damages against the seller. The limitations o

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