DCC 192/2002
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
General Commercial Law, Civil Courts, Limitation of Actions, Breach, Discharge & Rescission of Contract, Pre-action
Copyright
LexisNexis
Decision date
14 Jun 2003
Catchwords
Commercial transactions – Legal action – Timing – Impediment – Warranty – Legal action – Court – Case – Period – Action in warranty
The impediment or the justifiable excuse from filing the action in warranty or rescission within the prescribed period is that which makes it impossible to take legal action in due time. Appreciation of such an impediment or excuse falls within the discretion of the court examining the merits of the case which may order the suspension of this period. An impediment or justifiable excuse for filing an action in warranty or rescission within the prescribed period is that which makes it impossible to take legal action in due time. Appreciation of such impediment or excuse falls within the discretion of the court examining the merits of the case who may order the suspension of this period.