Template:M intro contract Limitation Act: Difference between revisions
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===Different categories of claim=== | ===Different categories of claim=== | ||
====Torts and simple contracts==== | ====Torts and simple contracts==== | ||
The limitation period for torts and [[simple contract]]s (those that are not [[specialities]], of insurance contracts, demand loans and so on) is six years. But see below as to the significance of the accrual of the cause of action. It is different between torts and contracts. | The limitation period for torts and [[simple contract]]s (those that are not [[specialities]], of insurance contracts, demand loans and so on) is six years. But see below as to the significance of the accrual of the cause of action. It is different between torts and contracts. About those, and that curious expression “[[simple contract]]s”: | ||
A {{simplecontract}} | |||
====Demand loans, deposits etc==== | ====Demand loans, deposits etc==== | ||
Where — Section 6 — the contract is a [[loan]] without a defined repayment date — for example, we think, a [[deposit]] — then (contrary to popular wisdom and ancient cases<ref>{{cite1|Re Brown’s Estate|1893|2Ch|300}}</ref>) the [[cause of action]] does not accrue immediately upon deposit, but only upon a demand in writing for repayment. | Where — Section 6 — the contract is a [[loan]] without a defined repayment date — for example, we think, a [[deposit]] — then (contrary to popular wisdom and ancient cases<ref>{{cite1|Re Brown’s Estate|1893|2Ch|300}}</ref>) the [[cause of action]] does not accrue immediately upon deposit, but only upon a demand in writing for repayment. | ||
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See the [http://www.legislation.gov.uk/ukpga/1980/58 text in the act itself] for more [[tedious]] detail about what happens in the case of personal injury or death. | See the [http://www.legislation.gov.uk/ukpga/1980/58 text in the act itself] for more [[tedious]] detail about what happens in the case of personal injury or death. | ||
===Reform=== | ===Reform=== | ||
Lots of good fun, particularly in the area of latent defects in the construction of houses, for forensic examination of precisely when a cause of action accrues, of course. The [[Limitation Act 1980]] was the subject of a 320 page law commission monograph in 2015<ref>[http://www.lawcom.gov.uk/app/uploads/2015/03/lc270_Limitation_of_Actions.pdf knock yourself out].</ref> so clearly ''someone'' sees the opportunity to change the law. But at least it is better than it was after {{cite1|Re Brown’s Estate|1893|2Ch|300}}. | Lots of good fun, particularly in the area of latent defects in the construction of houses, for forensic examination of precisely when a cause of action accrues, of course. The [[Limitation Act 1980]] was the subject of a 320 page law commission monograph in 2015<ref>[http://www.lawcom.gov.uk/app/uploads/2015/03/lc270_Limitation_of_Actions.pdf knock yourself out].</ref> so clearly ''someone'' sees the opportunity to change the law. But at least it is better than it was after {{cite1|Re Brown’s Estate|1893|2Ch|300}}. |