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Limitation Act 1980: Difference between revisions
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*'''Tort''': An action founded on tort shall not be brought after the expiration of '''six years''' from the date on which the cause of action accrued: Section 2. | *'''Tort''': An action founded on tort shall not be brought after the expiration of '''six years''' from the date on which the cause of action accrued: Section 2. | ||
*'''Contract''': Claims on a simple contract are limited to '''six years''' from the date the [[cause of action]] accrued: Section 5. | *'''Contract''': Claims on a [[simple contract]] are limited to '''six years''' from the date the [[cause of action]] accrued: Section 5. | ||
*'''Defamation and malicious falsehood''': no such action shall be brought after the expiration of '''one year''' from the date on which the cause of action accrued. | *'''Defamation and malicious falsehood''': no such action shall be brought after the expiration of '''one year''' from the date on which the cause of action accrued. | ||
See the act for more tedious detail about what happens in the case of personal injury or death. | See the act for more tedious detail about what happens in the case of personal injury or death. | ||
===Simple contracts=== | |||
{{simplecontract}}“[[Simple contract]]”s is not defined, but the context of a [[Limitation Act]] puts it in contrast to payment claims under [[insurance contract]]s — perhaps not simple because of the dutyof utmost good faith implied in them — who knows? — and under certain loans, being those which: | |||
*do not have a fixed repayment date, ''[[and]]'' | |||
*do not make the repayment obligation [[Condition precedent|conditional]] on a demand for repayment”. So, a revolving credit facility, or perhaps even a bank deposit. | |||
This was designed to ameliorate the [[common law]] position<ref>{{cite1|Re Brown’s Estate|1893]|2Ch|300}}, that a loan repayable on demand or without a specific repayment date is treated as being repayable immediately, and the [[limitation period]] runs from the day it is advanced. This is an utterly bonkers decision, by the way. It means if you ask for repayment on the day before the limitation period kicks in you must immediately launch court proceedings to recover it. | |||
Anyway, all fixed now: If you don’t have an obligation to repay the money at a particular time, absent a demand, the [[limitation period]] only starts to run from the date of demand. | |||
===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 — [http://www.lawcom.gov.uk/app/uploads/2015/03/lc270_Limitation_of_Actions.pdf knock yourself out] — so clearly ''someone'' sees the opportunity to change the law. | 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 — [http://www.lawcom.gov.uk/app/uploads/2015/03/lc270_Limitation_of_Actions.pdf knock yourself out] — so clearly ''someone'' sees the opportunity to change the law. | ||
{{sa}} | {{sa}} | ||