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Misrepresentation › Merger Clause

Freiberger Haber LLP

Fraud Claim Held Not Duplicative of a Single Page Contract

Freiberger Haber LLP on

A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. A plaintiff claiming a breach of contract must show (1) the existence of a contract; (2) the...more

Porter Hedges LLP

Where Is “As Is, Where Is” in Texas? The Impact of Contract Disclaimers on Tort Claims in Texas

Porter Hedges LLP on

A chronic issue in Texas law is defining when representations made by a “seller” prior to contract execution bind the seller, notwithstanding contract language that purports to disclaim or otherwise limit the “buyer’s” right...more

Porter Hedges LLP

Where Is “As Is, Where Is” in Texas?

Porter Hedges LLP on

Contract parties, sophisticated and unsophisticated, often attempt to limit their exposure to post-execution claims of the contract counterparty, particularly to misrepresentation claims, by the contract language. These...more

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