Representations and warranties

Representations and warranties

Rich Molesworth, Katia Contos and Lauren Owide discuss representations and warranties, a heavily negotiated area in transactions. This episode covers some key issues to be aware of in relation to notice requirements, fraudulent misrepresentation claims (including a discussion around whether the warranties themselves can be relied upon as representations) and a buyer's knowledge or awareness of an issue, which can give rise to a defence against a claim by the buyer, pointing out practical tips to be alive to for these issues when drafting transactional documents.