Disclaimed Warranties & Representations: Promissory Fraud & the Right to Lie
By James Blake onWhat your mom taught you about telling the truth is still good advice. While it may seem to go without saying, at least one judge has reaffirmed your mother’s rule: “it’s not okay to lie,” even if your contract says you don’t have to tell the truth. In Abry Partners V, L.P. v. F&W Acquisition, LLC, the court had to decide whether a very explicit disclaimer of all warranties and representations would be enforced to limit the liability of a company that had knowingly made false representations to induce the sale of the business to another company . . . read the rest of my article at the Business Bank of Texas website.
Tags: BD, BL, Breach of Warranty, Commercial Litigation, Disclaimer, Fraud, Selling a Business, Texas Business Attorney, Texas Business Lawyer
