82,891
edits
Template:M intro contract Limitation Act: Difference between revisions
Template:M intro contract Limitation Act (view source)
Revision as of 17:13, 18 July 2023
, 18 July 2023no edit summary
Amwelladmin (talk | contribs) (Created page with "''Not to be confused with that monstrous eulogy to Schadenfreude, the statue of limitations.'' The Limitation Act 1980, known fondly as the statute of limitations, is a piece of UK legislation dealing with limitations on legal claims under {{tag|contract}}s, {{tag|tort}} and so on. *'''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''...") |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 31: | Line 31: | ||
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. | 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. | ||
===“From when the cause of action accrued”=== | |||
Compare, for torts, Section 2: | |||
{{quote|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.}} | |||
For breaches of contract, Section 5: | |||
{{quote|An action founded on [[simple contract]] shall not be brought after the expiration of six years from the date on which the cause of action accrued.}} | |||
Looks similar, right? The sublety is when a cause of action accrues at tort and under contract. A tortious cause of action arises at the point where the plaintiff can reasonably say it has suffered loss, which will usually involve ''knowing'' about it. Breaches of contract — where the parties have mutually agreed obligations, and nothing needs to be implied from the neighbourliness of their relationship — the cause of action arises as at the time of breach, whether the innocent party knows it or not. Generally, it will; in the case of a misrepresentation as to, for very good example, ones title to sold goods, it will not be obvious at all. the misrepresentation may only come to light years later, when the rightful owner shows up to ask for her stolen Chris De Burgh albums back. | |||
Latent defects in buildings | |||
===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}}. | ||