Preliminary Issues For Consideration Before Commencing Litigation Flashcards

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1
Q

What is the limitation period for simple contracts

A

6 years

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2
Q

What is the limitation period for quasi contracts

A

6 years

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3
Q

What is the limitation period for contracts under seal

A

12 years

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4
Q

What is the limitation period for damages for negligence

A

3 years

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5
Q

What is the limitation period for offences by public officers

A

3 months

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6
Q

What is the limitation period for enforcement of human rights

A

There is no limitation

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7
Q

What are the ways to institute applications in the magistrate court

A

By claim and by originating application

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8
Q

When instituting an action in the magistrate court by claim, a claimant is to file ________

A

A claim and particulars of claim

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9
Q

What are the two types of claims

A

Ordinary summons and Summary summons

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10
Q

What is the lifespan of summons

A

3 months

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11
Q

To the summons out of jurisdiction a claimant must obtain _________ through ________ within _________

A

A leave of court through motion ex parte within 24 hours

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