Fraud and continuing contracts

International Maritime and Commercial Law

Imagine I contract to buy goods or assets of a given description or quality from you over a period of time; you start by performing properly, but later knowingly submit non-compliant stuff. Are you guilty of fraud?

In an interesting decision which could have relevance over here in trade and factoring, a US court of appeals has said no. The case, actually about bad loans, is US ex rel O’Donnell v Countrywide, CA2, 23 May 2016. Judgment here; comment here.

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