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24 Cards in this Set
- Front
- Back
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When does a cause of action accrue for breach of contract? |
On breach |
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When does a cause of action accrue for negligence? |
At the date of damage |
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When does time stop running for the purpose of limitation? |
When a Claim Form is received at the court for issue. |
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If a court is closed on the last day of limitation, and the Claim Form is received the next working day, is this in time? |
Yes (Kaur v Russell [1973]) |
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When are set-offs and counterclaims deemed to have been issued? |
On the day that the claim was issues. |
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What is the limitation period for actions in tort? |
6 years |
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Can the court disapply the 3-year time limit in a PI/FA case? |
Yes |
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What factors must the court have regard to when deciding whether to disapply the time limit in PI/FA case? |
- the balance of prejudice suffered by C and D by the delay - the length of the delay - the reasons for the delay - D's conduct - the extent that evidence is likely to be less cogent. |
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If delay in bringing a case is partially due to a a lawyer, what option may C have? |
To sue the lawyer for the loss of the chance to sue. |
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What rules extending limitation apply to latent damages cases? |
ONLY non-PI and non-FA negligence claims.
Limitation is the later of - 6 years from accrual - 3 years from the date of knowledge (defined as for PI cases)
There is a 15 year longstop which runs from the date of the 'negligent' act or omission. |
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When does limitation for child ('infant') claimants begin to run? |
When the child reaches 18. |
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When does time begin to run for parties under a disability (lacking capacity under MCA 05) at the time of accrual? |
When the party is no longer under a disability. |
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When does time begin to run in actions based upon fraud? |
When C discovers or could reasonably have discovered the fraud |
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When does time begin to run if a fact relevant to the cause of action has been deliberately concealed? |
When C discovers or could reasonably have discovered the concealment.
The fact concealed must be one that: - D had a duty to disclose or - D would have disclosed in the normal course of the relationship, but decided not to disclose (Williams v Fanshaw [2004]) |
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If mistake is an essential element of a cause of action, when does time begin to run? |
When C discovers or could reasonably have discovered the mistake.
The mistake can be of law or fact. |
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What is the limitation period for actions in contract? |
6 years |
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What is the limitation period for actions for recovery of land? |
12 years |
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What is the limitation period for contribution claims? |
2 years |
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What is the limitation period for Judicial Review? |
3 months (and promptly) |
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What is the limitation period for PI and fatal accident claims? |
3 years |
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When does the limitation period for PI and fatal accident claims run from? |
The later of: - date of death/injury - date of knowledge |
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What is the knowledge that is necessary for limitation to start in PI/FA cases (and latent damage cases)? |
- the injury is sufficiently serious to justify commencing - the injury is attributable to D's breach of duty - the identity of D - where act/omission was not of D but TP, the identity of that TP |
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Does knowledge include knowledge that C might be reasonably expected to acquire?may |
Yes |
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May it be considered reasonable to expect C to consult an expert or lawyer? |
Yes |
