Clifford Chance

In the second episode of our M&A On Trial podcast series, Sachin Trikha and Harriet Martin tackle the burning question in everyone's minds in the event of a breach: what is the loss? 

What does it mean in practice if you only have a damages claim, particularly if you're the buyer and you've discovered a breach of warranty? What are your options if payment of cash isn't enough to address the breach? And what should you look out for if you want to introduce a break fee or similar "liquidated damages" clause to try to incentivise your counterparty to behave in a certain way?

The content of this podcast does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.