1 Case Analysis Flashcards
1
Q
Limitation Periods + STAT
A
contract - 6y s.5 LA
tort - 6y s.2 LA
2
Q
Limitation period - what is day when cause of action accrues?
A
Contract - when contract breached
Tort - when C suffers actionable damage (land purchased / deed signed)
3
Q
How are damages measured in contract & tort?
A
Contract: place C in position as if contract properly performed
Tort: place C in position it as if tort hadn’t been committed
4
Q
How is a partnership sued? references?
A
Client can sue either the partnership (📗s10 PA) or the individuals
If P dissolved ⇾ inappropriate to bring a claim against partnership ⇾ sue individuals 📗CPR Part 7A (5)
