As seen in Business Law Review

November 2007

Virtually all businesses find themselves, sooner or later, either purchasing or selling a business.  It is common for issues simply to 'get lost' or become overlooked in the negotiations.  Whatever the actual oversight is, the risk lies dormant, waiting to be the subject matter of a claim.  Typically such claims are made as 'warranty claims'.  The scope of the limitation clauses contained in Sale and Purchase Agreements can dictate whether claims will stand or fall.  This article examines whether the exclusion clauses in the Sale and Purchase Agreement will help or hinder.

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