Asked in Business Law and Contracts

Q: Read Below

This scenario is based on New Zealand Law.

Company A sells machinery to Company B.

Company A is then acquired by another corporation.

This corporation is then also acquired by another corporation (Company C).

30 years later, Company B approaches Company C and says the machinery is faulty (as evaluated by an independent contractor) and has been faulty since its purchase 30 years ago.

All said companies are limited liability.

What can company C use in its defence?

I understand that there is limited information, but any indication of a general starting point of what to consider and where to look would be great.

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1 Lawyer Answer

A: Statute of limitations and laches would be the main defenses given this was 30 years ago, but this is based on US law, and though NZ law has a basis in English law like the US, their law may be different.

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