Fraud and continuing contracts

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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Professor Andrew Tettenborn

Professor Andrew Tettenborn joined Swansea Law School and the Institute of International Shipping and Trade Law in 2010 having previously taught at the universities of Exeter (Bracton Professor of Law 1996-2010), Nottingham and Cambridge. Professor Tettenborn is a well-known scholar both in common law and continental jurisdictions. He has held visiting positions at Melbourne University, the University of Connecticut and at Case Law School, Cheveland, Ohio. He is author and co-author of books on torts, damages and maritime law, and of numerous articles and chapters on aspects of common law, commercial law and restitution.

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