Interpretation of time limit for warranty claim

THE HUT GROUP v COOKSON [2014]

Here the interpretation of a clause imposing a time limit for serving notice of a breach of a warranty claim was critical to whether the buyer had an actionable claim. The question was whether time starts to run when the party becomes aware of factual grounds that may amount to a claim, or only at the point at which the buyer knows there is a proper basis for bringing a claim.

Facts:

Decision:

Points to note:

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