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SQE

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A question from an SQE mock paper, answered and marked. From SQE Practice Questions: 10 Questions with Answers.

Paper — SQE practice questions24:10
78%SQE practice questions — marked31/40 marks · 24:10 taken

Write a short advice email to a small-business client whose supplier has delivered defective stock and whose contract contains a limitation clause. Explain the immediate options and information needed.

31/40

Objective: establish whether the client can reject the stock or claim damages. Issues: inspect the goods, preserve evidence, check the contract and assess the limitation clause. The client should notify the supplier promptly, avoid selling the goods and obtain photographs and an independent report. If the clause excludes negligence or limits liability, its wording and statutory reasonableness must be assessed. The client should also check the contractual notice and dispute-resolution provisions. Next steps: send a reservation-of-rights letter, quantify the direct loss and diarise the contractual and statutory deadlines.

The answer identifies the commercial objective, preserves evidence and gives sensible immediate steps. It applies the possible statutory control but does not identify the relevant sale-of-goods terms or distinguish rejection from a damages claim clearly enough.

Missed

State the need to check whether the breach is sufficiently serious for rejection and whether acceptance has occurred.

Identify the governing sale-of-goods terms and explain that the limitation clause must be construed and tested on the particular facts.

Mention the client's likely need to mitigate loss and keep the defective stock available for inspection.

Model answerObjective and facts: confirm the delivery date, inspection, use or resale of the stock, the defects and the client's preferred remedy. Law and application: check the express terms and implied terms as to satisfactory quality and conformity, then assess whether the breach permits rejection or supports damages. Construe the limitation clause and consider any statutory reasonableness control. Advice: notify the supplier promptly, preserve the stock and evidence, avoid further loss and reserve the client's rights. Next steps: obtain an expert report, calculate the loss, check notice and limitation periods, and consider negotiation or proceedings if the supplier does not respond.

A marked written practice answer showing how application and practical next steps affect the result.
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