Parties negotiating a contract and tempted to over-estimate their costs as a negotiating tactic could lead to a successful claim against them for fraudulent misrepresentation, and rescission of the contract, a recent ruling makes clear.
Commercial organisations, even if small, open-plan and run informally and/or on a family basis, should ensure they carry out formal anti-bribery risk assessments, introduce and monitor an anti-bribery policy, including staff training, adequate record-keeping, and appointment of a designated compliance officer, and regularly review the policy’s effectiveness, all proportionate to the size, type and complexity of the business, or risk a conviction for failure to provide ‘adequate procedures’ to prevent bribery.
Potential beneficiaries under a Will should avoid deliberately criticising or 'casting aspersions' on the Will-maker's 'natural beneficiaries' with a view to getting them excluded from the Will, or risk any subsequent Will being declared invalid for 'fraudulent calumny'.
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