The ‘Danann’ case stands for the now well-recognized principle that a specific merger clause—one encompassing the representations that are the subject matter of the fraud claim—will likely bar a plaintiff’s fraud claim that looks outside the agreement. Recent Commercial Division decisions applying this ‘Danann’ standard are instructive as to how specific that clause must be.

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Thomas J. Hall
Thomas J. Hall
Co-Head of Litigation and Disputes, New York
Email
thomas.hall@nortonrosefulbright.com
T: +1 212 408 5487
Judith A. Archer
Judith A. Archer
Co-Head of Financial Institutions Disputes, United States Co-Partner-in-Charge, New York
Email
judith.archer@nortonrosefulbright.com
T: +1 212 318 3342

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