Examination Timing: 00H01M08S
Tom, who owns a café, ordered 50 boxes of fruit from a supplier. Upon arrival, Tom discovered that much of the fruit was rotten. He had paid upfront for the goods and now wants to recover the amount paid from the supplier. Tom is extremely upset and wants to initiate legal proceedings immediately. Which of the following best describes how Tom should proceed?
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Your selected option: D
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According to the Practice Direction on Pre-Action Conduct and Protocols (PDPACP), Tom should send a letter before action to the supplier, detailing the claim and including relevant documents as evidence. This step ensures that both parties are clear on the nature of the dispute and allows an opportunity for resolution before litigation. This 'cards on the table' approach can facilitate settlement and reduce the need for court involvement. Options A, C, and D are incorrect because immediate issuance of proceedings is only justified when limitation issues are present, which is not indicated here. Option E is incorrect because simply expressing disappointment does not fulfill the requirement of a detailed pre-action protocol letter.
Key Point: Following the PDPACP by sending a detailed letter before action is essential in contract disputes, promoting early resolution and compliance with pre-litigation protocols.
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