Overview

In a fiercely competitive market, it can be tempting to oversell a product or service or, equally, to underestimate the timescale and difficulty of a project. Suppliers need to ensure their negotiators do not promise more than the organization can realistically deliver.

The case of BSkyB v HP Enterprise Services UK (formerly Electronic Data Systems) is an extreme example of the feasibility of a project being misrepresented. A reported interim award by the court of £200m in damages also shows the possible financial impact where misrepresentations are found to be fraudulent.

This briefing by Ashurst shows why dishonest conduct can amount to fraudulent misrepresentations and asks do entire agreement clauses go far enough?

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