Civil Practice – Questions and Answers Flashcards
(1) Limitation is the creation of statute.
True
FALSE
TRUE
2) Common law did not provide for any limit on period in which claims might be brought,
TRUE OR FALSE
TRUE
(3) Equity introduced a degree of control by doctrine of laches.
TRUE
(4) Principal legislation governing limitation is Statute of Limitations.
TRUE
(5) The 1957 Act was amended by Statute of Limitations (amendment ) Act 1991 and Statute of Limitations (amendment) Act 2000
(6) Legislation does not provide for actions which seek equitable remedies.
(7) Doctrine of laches applies to actions seeking purely equitable remedies
(8) Day on which cause of action accrued is to be used in computing limitation period.
(10) Which of following is true.
Limitation is founded on public policy –
it dictates that parties to litigation should have some certainty as to their position –
prospective defendants should not be subject to claims remaining outstanding for long periods of time –
long periods of time between accrual of action and trial detrimental effect on memory of witnesses so long delay can prejudice a just and efficient outcome
ALL
(11) Limitation bars not the right but the remedy – list two important consequences of this.
Limitation must be pleaded as specific defence – Where limitation period expired plaintiff free to pursue/enforce his right by other means – example the expiry of limitation period does not extinguish debt it only extinguishes plaintiff means to recover by court action.
Limitation must be pleaded as specific defence –
Where limitation period expired plaintiff free to pursue/enforce his right by other means – example the expiry of limitation period does not extinguish debt it only extinguishes plaintiff means to recover by court action.
(12) Explain what is meant by appropriation of debt.
Where Defendant owes plaintiff two separate debts – one statute barred the other not and pays some of money due without specifying that paid in satisfaction of non-statute barred debt then plaintiff entitled to appropriate that money as payment for statute barred debt.
(13) What Act provides for appropriation of debt.
Section 69 Statute of Limitations 1957
(14) What is authority for dismissal of plaintiffs claim on grounds of inordinate inexcusable delay
McNamee v Boyce [2017]
(15) When does the time start to run for purposes of limitation
On accrual of the cause of action or in certain circumstances the date of knowledge of cause of action.
(16) When does time cease to run.
Once proceedings commenced. – issue of originating process.
Once proceedings commenced. – issue of originating process.
(17) S. 48 of 1957 Act lists persons who are considered to be under disability – list them.
Infants – persons of unsound mind – convicts
Infants – persons of unsound mind – convicts
(18) What statute provides for persons under disability on day cause of action accrued action may be brought outside limitation period at any time before expiration of 6 years – 2 in personal injuries -when person recovered from disability.
Section 49 (1) of 1957 Act
Section 49 (1) of 1957 Act
(19) What statute makes exception for cases of sexual abuse committed on plaintiff not yet of full age or cases where claim for negligence/breach of duty against person who was not abuser
The Statute of Limitations (Amendment) Act 2000
(21) What is authority that day on which cause of action accrued is to be included in computing limitation periods
McGuinnes v Armstrong Patents Ltd. [1980]
(22) What is statutory period for claiming non-fraudulent breach of trust.
6 years
(1) When does cause of action accrue in contract
On date of breach
(2) What is effect of s.56 of Statute of Limitation Act re contracts
It extends the primary limitation period in debt cases where debtor acknowledges the debt.
