Defective notice will scupper warranty claims

December 5, 2017

For warranty claims to be valid, a claimant must give notice in accordance with the notice provisions for breach of warranty in a sale and purchase agreement.

 

This was underlined by the High Court in the recent case of Zayo Group International Ltd v Ainger and others [2017] EWHC 2542 (Comm). In this case, warranty claims against seven defendants were all dismissed as notice to only one of those seven defendants was defective, not conforming to the provisions of the sale and purchase agreement.

 

This is a timely reminder to clients and lawyers alike that notice provisions in commercial documents need to be followed to the letter.

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