The Business Law Reports
[2024] Bus LR 719
Court of Appeal
Decision Inc Holdings Proprietary Ltd and another v Garbett and another
[2023] EWCA Civ 1284
2023 Oct 18, 19;Nov 3
Newey, Asplin, Baker LJJ
Contract— Construction— Warranty— Parties entering into agreement for sale and purchase of company— Agreement warranting absence of material adverse change in company’s prospects— Seller’s liability for breach of warranty excluded unless buyer’s notice of claim stating amount claimed— Proper approach to establishing whether prospects warranty breached— Whether seller’s liability excluded if buyer giving omnibus figure in notice of claim rather than amount claimed for each breach— Whether in circumstances possible for buyer to give amount for each breach