CELE SQE

CELE SQE1 模拟练习

Examination Timing: 00H01M56S

Sarah, a business owner, ordered 15 custom-made wooden desks from a furniture company over the internet for use in her new office. She paid for the items upfront. When the desks were delivered three years ago, she stored them immediately as her office was still under renovation. Last week, after the renovation was completed, she started using the desks. After a week of use, it became clear that the desks were unfit for purpose and hazardous, as they were creaking and wobbling. Sarah is concerned about the limitation period for bringing a claim against the company. Which of the following best summarises Sarah's position regarding limitation?

A. Sarah has another three years to bring a claim. The time limit for a breach of contract claim such as this is six years overall, and the limitation period began from the date on which the cause of action arose.

B. Sarah has six years from last week to bring a claim. The time limit for a breach of contract claim such as this is six years overall, and the limitation period began from the date on which the goods first appeared defective.

C. Sarah has another 12 years to bring a claim. The time limit for a breach of contract claim such as this is 15 years overall, and the limitation period began from the date of the breach and three years have passed already.

D. The limitation period has expired. Sarah had three years to bring the claim and failed to do so in the relevant time.

E. Limitation will not apply as the goods were purchased over the internet. Different rules therefore govern the limitation on making a claim.

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In England and Wales, the limitation period for breach of contract claims is six years from the date on which the cause of action arose, which is typically the date of delivery of the goods. Since Sarah received the desks three years ago, she has three more years within the six-year limitation period to bring her claim. Option B is incorrect because the limitation period does not start from when the goods first appear defective but from the delivery date. Option C is incorrect as the 15-year limitation period applies to latent damage claims in tort, not contract claims. Option D is incorrect as the limitation period is six years, not three. Option E is incorrect because the medium of purchase (internet) does not affect the limitation rules for contract claims.

Key Point: The limitation period for breach of contract claims is six years from the date the cause of action arises, which is usually the delivery date of the goods.

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Dispute ResolutionUnit 3Chapter 8

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