Limitations

Question 1

Longstop date for latent defect claims

Answer 1

15 years

Question 2

Limitation period for claims for breach of contract

Answer 2

6 years from date of breach

OR

3 years from the start date (earliest date claimant knew or reasonably ought to have known the material facts necessary to bring an action)

Question 3

Limitation period for most claims in tort

Answer 3

6 years from date of knowledge of negligence

Question 4

Limitation period for claims in personal injury

Answer 4

3 years

Question 5

Limitation period for Fatal accident claims

Answer 5

3 years from date of death OR

3 years from date of knowledge of deceased’s PR
Provided that the person died within the limitation period

Question 6

Limitation period for claims of defamation

Answer 6

1 year

Question 7

Limitation period for unfair dismissal

Answer 7

3 months

Question 8

When does the time start the limitation period for personal injury or other torts

Answer 8

From accrual of action when tortious act occurs or

When claimant first has sufficient knowledge that they have a claim

Question 9

What is the date of knowledge in clinical injury claims

Answer 9

When claimant has knowledge:

That injury was significant

Attributable in whole or part to act/ omission by negligent person

Identity of defendant

Identity of negligent person and facts supporting action against defendant

Question 10

What is the Limitation period for construction contracts

Answer 10

6 years even with make good clause. make good clause does NOT supersede limitation period.

Question 11

What is a make good clause

Answer 11

Defects liability period applicable for stipulated time post completion during which a contractor is responsible for defects that arise

Question 12

What are latent defects

Answer 12

Defect in property caused by a fault in design, material or workmanship that existed at time when construction was completed but not apparent at time of completion

Question 13

Longstop limitation period for latent defects

Answer 13

15 years from act or omission causing damage

Question 14

Can a contract limit contractual liability for losses and damage after expiry of an agreed limitation period

Answer 14

Yes, it is possible, subject to the reasonableness test under the UnFair Contracts act

Question 15

When does time start to run for limitation

Answer 15

Day after date of cause of action

Question 16

When does time stop for limitation

Answer 16

When claimant delivers,
a properly completed claim form
to the court office
With a request to issue
Together with the correct fee

Question 17

Can you add a new defendant after the limitation period has expired

Answer 17

Yes but
If new defendant raises limitation, claimant must apply for the court to disregard the limitations period

Question 18

Can you Amend name of defendant after ,limitation period has expired

Answer 18

Yes if correctly identified and the Error is in the name and not defendants identity

Question 19

When does the clock start for a claimant who is a minor

Answer 19

On their 18th birthday

Question 20

When does limitations clock start for claimant lacking mental capacity at time of cause of action

Answer 20

When they are certified that they are sound of mind

Question 21

When does limitations clock start for claimant who loses capacity after cause of action

Answer 21

At time of cause of action and does not stop running

Question 22

When does limitations clock start running for fraud or concealment

Answer 22

At time of discovery or time when discovery could have happened with reasonable diligence UNLESS

there was concealment of a relevant fact by defendant, then it will not run

Question 23

When does the limitations clock start running for a claim for relief from consequences of a mistake

Answer 23

When the mistake is discovered or could have been discovered with reasonable diligence