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Asset and Share Purchase Litigation

Gregory Mitchell QC Barrister of 3 Verulam Buildings describes how the Courts assess damages for breach of warranty and misrepresentation
Recession and rapid asset price deflation are likely to cause substantial loss to purchasers who have recently acquired assets or shares. As a result some purchasers are likely to put the warranties given and any representations made under the legal microscope in order to determine whether or not a claim can be made. A sharp increase in litigation in this area is expected. This article describes the principles governing the way damages are assessed in such claims.
The measure of damages
There is a fundamental difference between the measure of damages in contract and in tort. A...

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