SQE Questions and Answers

Claim against plumber | SQE1 – SQE2 Questions and Answers Examples

Claim against plumber

 

In March 2019, a claimant commenced a claim against his plumber for a breach of contract alleged to have taken place in June 2013. The plumber operated as a sole trader. In August 2019, the plumber died. The plumber’s assets are being dealt with by her personal representatives. In October 2019, the claimant applied to substitute the plumber’s personal representatives for the deceased plumber in the claim, so that the claim could continue.

What powers does the court have to make a substitution for the plumber as a deceased party in the claim?

Answers:

A. The court can order a new party to be substituted because the relevant limitation period was current when the claimant applied for the substitution.

B. The court cannot order a new party to be substituted because the relevant limitation period has expired.

C. The court can order a new party to be substituted because the relevant limitation period was current when the proceedings were started.

D. The court can order a new party to be substituted because the relevant limitation period was current when the plumber died.

E. The court cannot order a new party to be substituted because liability remains with the plumber’s business.

 

Correct answer:

C. The court can order a new party to be substituted because the relevant limitation period was current when the proceedings were started.

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