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Due diligence means that all reasonable precautions were taken and all due diligence was exercised to avoid the commission of the offence. This requires the defendant to produce evidence of the system and procedures it has devised in an effort to avoid unfair practices.
Types of development structuresChoosing a structureUnless promoted by a single entity (whether or not with mortgage funding) many developments take place through collaboration. This Practice Note sets out the various joint venture (JV) corporate and contractual structures most commonly used to
Can an indemnity be provided by email exchange or does it need to be signed as a deed?In contrast to a guarantee, an indemnity is a primary obligation on a party to compensate another for loss or damage. Such obligation is entirely independent of the obligation of the party whose covenants are being
Property issues arising on an asset purchaseThe properties owned by a company can be acquired by one of two methods:•a purchase of assets owned by the company, or•a purchase of shares in the companyThis practice note provides a summary of the key property issues to consider in an asset purchase.How
Property warranties and indemnities in corporate transactionsAn asset or share purchase agreement will typically include warranties and indemnities given by a seller in favour of a buyer.A warranty is a statement by the seller that a particular fact is true, for example, a seller may warrant that
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