Limitation in English law - Cara O.

CURSUniversitate USM Caiet Drept

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Introduction In English law, in common with most other jurisdictions, all legal proceedings must generally be started within a certain period of time. This is known as the limitation period. The majority of relevant periods of time for different types of claim are set out in the Limitation Act 1980, and any action brought after the expiration of the prescribed time limit will usually be “statute-barred”, although it is sometimes possible to persuade the Court to exercise its discretion to extend the time limit. When does the clock start ticking? For the purposes of calculating the limitation period, the clock normally starts ticking when the contract is breached, or when the damage is suffered. In some circumstances, the relevant time is when the damage complained of was discovered or ought to have been known about – this is called “latent damage”. ...

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Curs: Limitation in English law Profesor: Cara O.