California Supreme Court creates product line exception in 1977 by holding the buyer of the assets of a ladder maker responsible for the post-closing injury of a person caused by the seller’s defective ladder made and sold before the closing.…
Monthly Archives: September 2021
BUSINESS BUYER RECOVERS DAMAGES DUE TO SELLER’S ASSETS REPRESENTATION BREACH
Buyer of manufacturing business discovers obsolete and malfunctioning equipment. Recovers damages from seller. M&A Stories September 5, 2021 Introduction: In this blog post, we discuss a case where a buyer of a manufacturing business faced issues with the purchased assets…
BUYER AWARDED DAMAGES IN BUSINESS DEAL DUE TO SELLER’S FULL DISCLOSURE BREACH
Boilerplate representation and warranty supported damage award for seller’s pre-closing failure to tell the buyer about his manufacturing company’s supply problems M&A Stories September 5, 2021 Introduction: In a private acquisition agreement, seller representations and warranties are often seen as…
BUYER AWARDED DAMAGES DUE TO PRODUCT DESIGN ISSUE: A LESSON IN M&A RISK MANAGEMENT
Buyer allocates time and expense to fix a product design problem identified by a customer M&A Stories September 3, 2021 Introduction: In M&A deals, representations and warranties in purchase agreements play a crucial role in determining the allocation of risk…
HOW A REPRESENTATION & WARRANTY HELPED BUYER RECOVER DAMAGES IN A MANUFACTURING BUSINESS DEAL
Seller representation and warranty helped buyer recover loss for problems with product documentation M&A Stories September 2, 2021 Introduction: When buying a business, representations and warranties in the purchase agreement are tailored to suit the specific type of business…
Posted in representations and warranties Tagged with: Buyer Recovery, Due Diligence Challenges, Galveston, Houston Texas Appellate Court, Inc., Legal Risks, Manufacturing Business, McKinley v. Kin-Tek Analytical, Mergers and Acquisitions, Product Documentation, Representation and Warranty, Texas Jury
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