Limitations Flashcards
Longstop date for latent defect claims
15 years
Limitation period for claims for breach of contract
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)
Limitation period for most claims in tort
6 years from date of knowledge of negligence
Limitation period for claims in personal injury
3 years
Limitation period for Fatal accident claims
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
Limitation period for claims of defamation
1 year
Limitation period for unfair dismissal
3 months
When does the time start the limitation period for personal injury or other torts
From accrual of action when tortious act occurs or
When claimant first has sufficient knowledge that they have a claim
What is the date of knowledge in clinical injury claims
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
What is the Limitation period for construction contracts
6 years even with make good clause. make good clause does NOT supersede limitation period.
What is a make good clause
Defects liability period applicable for stipulated time post completion during which a contractor is responsible for defects that arise
What are latent defects
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
Longstop limitation period for latent defects
15 years from act or omission causing damage
Can a contract limit contractual liability for losses and damage after expiry of an agreed limitation period
Yes, it is possible, subject to the reasonableness test under the UnFair Contracts act
When does time start to run for limitation
Day after date of cause of action
When does time stop for limitation
When claimant delivers,
a properly completed claim form
to the court office
With a request to issue
Together with the correct fee
Can you add a new defendant after the limitation period has expired
Yes but
If new defendant raises limitation, claimant must apply for the court to disregard the limitations period
Can you Amend name of defendant after ,limitation period has expired
Yes if correctly identified and the Error is in the name and not defendants identity
When does the clock start for a claimant who is a minor
On their 18th birthday
When does limitations clock start for claimant lacking mental capacity at time of cause of action
When they are certified that they are sound of mind
When does limitations clock start for claimant who loses capacity after cause of action
At time of cause of action and does not stop running
When does limitations clock start running for fraud or concealment
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
When does the limitations clock start running for a claim for relief from consequences of a mistake
When the mistake is discovered or could have been discovered with reasonable diligence
