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Vol 23 No 5 May/June 2018

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Limitation of Actions

ISBN13: 9781859781289
ISBN: 1859781284
Published: January 1998
Publisher: Informa Law from Routledge
Country of Publication: UK
Format: Hardback
Price: Out of print

This work is an analysis of the law relating to limitation of actions. The authors have sought to approach this work by setting out general matters such as the relationship between statutes of limitation and equitable principles on the matter of delay in instituting proceedings the generalities of accrual of a cause of action and the relationship between limitation periods and rules of pleading and procedures.

The bulk of the text sets out the particular difficulties encountered in particular areas of civil litigation. For these purposes it includes specific sections on contracts and commercial law, tort, restitutionary claims and actions in respect of real and personal property.

While these four broad areas cover the majority of limitation issues, the problem with the subject generally is that there is such a diverse range of statutory limitation periods that there are some limitations upon a legal remedy which do not readily fall into the four categories referred to above and are dealt with separately.

Finally, it analyses the issues arising from the burgeoning case law on the matter of prevention, extension and postponement of limitation periods.

Courts and Procedure
Part 1
General principles: history and policy of limitation of actions
application of "The Limitation Act 1980"
limitation and related issues
running out-of-time
the extension of time
pleading and procedure.
Part 2
Contract and commercial law: running out-of-time in simple contract actions
debts and methods of commercial payment
contracts for the supply of goods and services
patents and copyright
equitable relief in contractual and commercial matters
restitutionary claims for benefits received.
Part 3
Tort: actions in tort
personal injury actions
Consumer Protection Act 1987
specific torts.
Part 4:
Equity, trusts, personal representatives and real property.
Part 5:
Miscellaneous limitation periods
actions for a sum of money due by virtue of an enactment.