In commercial contracts, knowledge qualifiers and other modifications can be used as means to allocate the risk associated with the accuracy of the representations and warranties between the parties. However, the general sections of commercial contract precedents are sometimes overlooked without much thought. Explore the two most common types of knowledge qualifiers found in commercial contracts, actual knowledge and constructive knowledge. Discuss the differing standards of knowledge qualifiers, sandbagging provisions, survival provisions, and materiality qualifiers.

This on-demand program was originally presented as an in-person program titled Commercial Contract Teardown on December 11, 2024. Total running time is 1 hour, 27 minutes.

You may also be interested in other presentations from Commercial Contract Teardown. Click here for the full list of presentations.