Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $149 - NZLS members and Associate members
• $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Online CPD Module

This module is an updated version of the popular and very well received presentation on the topic by the same speakers that was offered as an Auckland In Short Seminar in March 2019 and addresses warranties in a business context.

This presentation will discuss representations, warranties and covenants in Sale and Purchase Agreements that are frequently the subject of post completion claims, how different liability regimes under the Sale and Purchase Agreement can impact on claims, the availability of statutory claims, and the use of warranty and indemnity insurance. The discussion will then move to procedural and substantive issues involved in pursuing and defending such claims, including the implications of warranty and indemnity insurance.

Topics covered will include:

• Discussion of the role of representations and warranties in a sale and purchase context
• Outline of the most common claims and learnings from case law
• Discussion on types of liability and limiting that liability
• Explanation of warranty and indemnity insurance
• Analysis of warranty claims, including questions of breach, causation and loss
• Procedural considerations and claims strategy
• Overview of potential risks and pitfalls for lawyers.

Learning objectives

By completing this module you will gain:

• A better understanding of how to best structure Sale and Purchase Agreements.
• Practical tips on how to manage risks for your clients.
• Knowledge on what to do when warranties are breached.

Electronic paper 

Authors: Marika Eastwick-Field, David Raudkivi
Published: 17 March 2021
Pages: 31

Introduction

In this module we discuss post-closing claims under sale and purchase agreements, focusing in particular on claims for breach of representations and warranties. We outline the purpose of representations and warranties and some of their common features, and strategies for limiting liability through qualifications against disclosure materials and negotiated limits on liability. We also discuss warranty and indemnity insurance and its benefits, as well as potential traps and pitfalls for negotiating parties. In terms of claims, we undertake a survey of some of the more recent (and interesting) developments through the courts, focusing on questions of breach, causation, loss and some of the procedural considerations relevant to bringing a claim. This module is an update of a module on the same topic presented in March 2019.

PowerPoint Presentation

These are the slides included in the presentation.