1

Limitation Basics

1.1

Introduction

1.2

No Limitation at Common Law

1.3

Limitation and Prescription

1.4

Burden and standard of proof

1.5

Pleading

1.6

Following steps

(a)

Strike out

(b)

Preliminary issue

(c)

Trial

1.7

Calculating time

(a)

Date of commencement of proceedings

(b)

Date on which cause of action accrues

2

Contract claims

2.1

Introduction

2.2

Time period – specialties

2.3

Time period – simple contracts

2.4

Accrual of cause of action in contract – Once and for all breaches

(a)

Contracts for the sale of goods

(b)

Anticipatory breach

(c)

Loans

(d)

Bank accounts

(e)

Guarantees

2.5

Accrual of cause of action in contract – Continuing breaches

2.6

Part payment and acknowledgement

(a)

Debt or other liquidated pecuniary claim

(b)

Acknowledgement

3

Negligence claims

3.1

Introduction

3.2

Time period

3.3

Accrual of cause of action in negligence

3.4

What is damage?

3.5

Negligence liability where there is no damage

3.6

Professional negligence cases

(a)

Execution of documents

(b)

Negligent valuations

(c)

Where defendant could avert the loss

3.7

Scope of duty of care and damages

3.8

Contingent losses

4

Latent Damage

4.1

Introduction

4.2

Comparison between personal injury and non-personal injury cases

4.3

Latent damage provisions do not apply in contract

4.4

Limitation periods

4.5

Starting date

(a)

The knowledge required for bringing an action for damages in respect of the relevant damage

(b)

The other facts relevant to the current action

(c)

Attributability

(d)

Knowledge of the identity of tortfeasor

(e)

A right to bring such an action

(f)

Knowledge of legal characterisation irrelevant

(g)

Constructive knowledge

4.6

Long stop date

4.7

Successive owners

5

Fraud, concealment and mistake

5.1

Introduction

(a)

The fraud of the defendant

(b)

Concealment

(c)

Mistake