Disclosure: buyer's knowledge

The Court of Appeal has, in Infiniteland Ltd and another v Artisan Contracting Ltd and another, considered the effect of the disclosure provisions of a share purchase agreement on a breach of warranty claim and has also suggested that in a knowledge saving provision, a seller cannot assume that the actual knowledge of the buyer includes the knowledge of the buyer's agents or advisers ("imputed knowledge") even where the agent is under a contractual duty to disclose the information to the principal and the agent has no separate interest.