How to Sandbag Your Opponent in the Unsuspecting World of High Stakes Acquisitions
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Authors
Shadden, Stacey A.
Issue Date
2014
Volume
47
Issue
3
Type
Journal Article
Language
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Abstract
INTRODUCTION|The term "sandbagging" originates from the 19th century where gang members would fill socks full of sand to use as weapons against unsuspecting opponents. While at first glance, the socks were seemingly harmless, when used to their full potential they became very effective and would inflict substantial damage on a "sandbagged" victim. Over time, the term "sandbag" has taken meaning in many facets of daily life, but equally in each, the term has developed a negative connotation. As a verb, the term is defined broadly to mean to misrepresent or conceal one's true intent, position, or potential in order to take advantage of an opponent. The term has taken significance as a modern sporting term, specifically, in golf signifying a golfer who pretends to play worse than he or she actually is to gain advantage and sympathy over an unsuspecting opponent. The term has also developed in the context of a business deal. A "sandbagging'' buyer refers to the situation where a buyer is or becomes aware that a specific representation and warranty made by the seller is false, yet instead of alerting the seller to this fact, the buyer consummates the transaction, despite its knowledge of the breach, and seeks post-closing damages against the seller for the breach...
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Publisher
Creighton University School of Law