Limitation Flashcards
1
Q
Time begins to run from…
A
…the day after the accrual of the cause of action
2
Q
Limitation runs until…
A
…the claim is brought (not issued)
3
Q
Contract and most tort
A
6 years
4
Q
PI
A
3 years (from date of knowledge) - but equitable discretion to extend time (reason/length of delay; cogency of evidence; conduct of D after cause of action arose; duration of C disability; C acted promptly; steps by C to obtain advice)
5
Q
Fatal accidents
A
3 years (from death)
6
Q
Contribution claim
A
2 years
7
Q
Recovery of land
A
12 years
8
Q
JR
A
3 months (and promptly)
9
Q
Negligence - latent damage
A
Discovery, long stop at 15 years
10
Q
Limitation Act 1980 provisions (four)
A
- Children (3 years from 21st birthday)
- Unsound mind (no limitation)
- Concealment of relevant fact (until actual/constructive knowledge)
- Mistake (mistake discoverable with reasonable diligence)