When: Limitation Periods

Question 1

What is the principle of discoverability?

Answer 1

cause of action arises when material facts that the cause of action is based on ought to have been discovered or is discovered by P exercising reasonable diligence

Question 2

What is the rationale behind limitation periods?

Answer 2

Repose (secure expectation they will not be accountable for ancient obligations), evidentiary (avoid claims based on stale evidence), diligence (ensuring P is acting diligenticly and bring their suit in a timely fashion), and Fairness to the Plaintiff

Question 3

What are the facts of MK v MH? What is the issue?

Answer 3

Incestuous relationship perpetrated by the father (respondent) on the appellant. She was not able to create the causal connection between this behaviour and the wrongful action of her father until she began going to therapy. The respodnent however argued that she was statute barred from proceeding with an action (back then. the limitation was for within 4 years or after she came of age)

Question 4

What are the four key features of the Limitation Act?

Answer 4

Basic Limitation Period (2 years), Ultimate Limitation Period (15 years from act), Suspension or postponement (minors, incapable, presumption of capable), No limitation period