Limitation Flashcards
What is the limitation period for a breach of contract claim?
a) 3 years
b) 6 years
c) 12 years
d) No limitation period
b) 6 years
Explanation: Under s 5 Limitation Act 1980, the limitation period for contract claims is 6 years from the date of breach.
What is the limitation period for a personal injury claim?
a) 2 years
b) 3 years
c) 6 years
d) 12 years
b) 3 years
Explanation: Under s 11 Limitation Act 1980, personal injury claims must be brought within 3 years from the date of injury or date of knowledge (whichever is later).
What is the limitation period for a claim under the Fatal Accidents Act 1976?
a) 2 years from the date of death
b) 3 years from the date of death or date of knowledge
c) 6 years from the date of death
d) No time limit
b) 3 years from the date of death or date of knowledge
Explanation: Under s 12 Limitation Act 1980, dependent claims under the Fatal Accidents Act 1976 must be brought within 3 years from:
Date of death, or
Date of knowledge of the dependent.
What is the general limitation period for a tort claim (excluding personal injury)?
a) 3 years
b) 6 years
c) 12 years
d) No limitation period
b) 6 years
Explanation: Under s 2 Limitation Act 1980, claims in tort (other than personal injury) must be brought within 6 years from when the cause of action accrued.
How long does a claimant have to enforce a judgment?
a) 3 years
b) 6 years
c) 12 years
d) No limitation period
b) 6 years
Explanation: Under s 24 Limitation Act 1980, claimants have 6 years to enforce a judgment from when it becomes enforceable.
Sarah was injured in a car accident on 1 June 2019. She first became aware that her injuries were significant and caused by the accident on 1 October 2020. When must she issue proceedings?
a) 1 June 2022
b) 1 October 2023
c) 1 June 2025
d) 1 October 2022
b) 1 October 2023
Explanation: Under s 11 Limitation Act 1980, Sarah has 3 years from the date of knowledge (1 October 2020), so the deadline is 1 October 2023.
Tom discovers in 2023 that his house was negligently built in 2010, causing structural defects. Under the latent damage rules, when is the last possible date he can bring a claim?
a) 2026
b) 2035
c) 2029
d) 2033
d) 2033
Explanation:
s 14A Limitation Act 1980 allows claims to be brought within 6 years from accrual or 3 years from knowledge.
s 14B sets a long-stop limit of 15 years from the negligent act (2010).
2033 = 15 years after 2010 (the latest possible deadline).
If a claimant was a minor at the time of injury, when does the limitation period start?
a) From the date of injury
b) When they turn 16
c) When they turn 18
d) No limitation applies
c) When they turn 18
Explanation: Under s 28 Limitation Act 1980, limitation does not start running until the claimant turns 18.
What is the limitation period for a contribution claim between defendants?
a) 6 years
b) 2 years
c) 3 years
d) 12 years
b) 2 years
Explanation: Under s 10 Limitation Act 1980, a party seeking contribution from another must claim within 2 years from:
Judgment date, or
Date of settlement agreement.
What happens to the limitation period if a defendant fraudulently conceals relevant facts?
a) The limitation period remains the same
b) The claim is barred after 6 years
c) The limitation period starts when the fraud is discovered
d) The claimant loses the right to sue
c) The limitation period starts when the fraud is discovered
Explanation: Under s 32 Limitation Act 1980, if a claim involves fraud, concealment, or mistake, limitation does not start running until discovery.
If a claimant is mentally incapacitated at the time of injury, when does limitation start running?
a) From the date of injury
b) When they regain capacity
c) 3 years from the date of injury
d) 6 years from the date of injury
b) When they regain capacity
Explanation: Under s 28 Limitation Act 1980, limitation does not start running until the claimant regains mental capacity.
A builder negligently constructs a house in 2008. The claimant first notices defects in 2020 and investigates further. They confirm structural issues in January 2022. What is the deadline to issue a claim?
a) 2026
b) 2023
c) 2025
d) 2028
b) 2023
Explanation:
s 14A Limitation Act 1980 allows 3 years from the date of knowledge (January 2022).
Claim must be issued by January 2025.
But s 14B imposes a 15-year long stop → 2008 + 15 years = 2023.
2023 is the latest possible deadline.
Amy’s employer exposed her to hazardous chemicals in 2000. In 2021, she is diagnosed with a related disease and first learns of the connection. When must she issue proceedings?
a) 2023
b) 2024
c) 2027
d) 2036
B)2024
Explanation:
Under s 11 Limitation Act 1980, Amy has 3 years from the date of knowledge (2021), so must issue proceedings by 2024
A company wins a judgment against a debtor in 2015 but only seeks to enforce it in 2023. Can they still enforce?
a) Yes, anytime
b) No, the limitation expired in 2021
c) Yes, if fraud is involved
d) Only if they apply to extend time
b) No, the limitation expired in 2021
Explanation: Under s 24 Limitation Act 1980, claims to enforce a judgment expire after 6 years, meaning enforcement must have been sought by 2021.
A solicitor negligently drafts a contract in 2010. The claimant becomes aware of the mistake in 2018. When is the last possible date they can issue a claim?
a) 2021
b) 2024
c) 2025
d) 2028
d) 2028
Explanation:
Under s 14A, the claimant has 3 years from knowledge (2018) = 2021.
However, s 14B imposes a 15-year long stop (2010 + 15 = 2028).
