Recent Case Law on Warranty and Indemnity Claims

This update examines French warranty and indemnity claims case law. It should help foreign companies to assess the importance of the terms of agreement whenever a stock purchase agreement is subject to French law, and thereby to avoid pitfalls. As the 2008 Court of Cassation decisions were in line with current case law, this review of a few sample decisions illustrates the importance of careful drafting and strict performance of the warranty terms in share purchase agreements.

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