Unit 2 - Limitation Periods
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Questions and Answers

What is the significance of the date of knowledge in a legal context?

  • It determines the timeframe for filing a claim. (correct)
  • It reflects when the court first considered the case.
  • It indicates when the defendant was identified.
  • It marks when the injury occurred.

    • What is the consequence if someone dies in relation to the date of knowledge?

  • The deadline is 3 years from the date of personal representative's knowledge. (correct)
  • The claim must be filed within 1 year from the date of death.
  • The three years start from the date of injury, regardless of death.
  • There is no time limit for filing a claim after death.

    • What does the legal term 'identity of D' refer to?

  • The nature of the injury.
  • The party bringing the action against D.
  • The person or entity alleged to have committed the act or omission. (correct)
  • The cause of the injury.

    • Which of the following represents a misunderstanding of the date of knowledge?

    <p>A claimant must know they have a possible cause of action.</p> Signup and view all the answers

    When did Scott Iverson likely achieve his date of knowledge regarding his injury?

    <p>On 24 November 2021 when a specialist directly linked sawdust inhalation to COPD.</p> Signup and view all the answers

    What is included in the examinable material regarding accrual of causes of action?

    <p>The date when an action is 'brought'</p> Signup and view all the answers

    Which aspect is NOT covered in the syllabus area regarding limitation periods?

    <p>Breach of trust claims</p> Signup and view all the answers

    In which commentary sections is the concept of accrual of causes of action addressed?

    <p>8-3.1 and 8.3-2</p> Signup and view all the answers

    What should be referred to for context in understanding limitation rules?

    <p>White Book commentary sections</p> Signup and view all the answers

    Which document contains information on how to advance a limitation argument?

    <p>Lexis Practice Note on Limitation Act 1980</p> Signup and view all the answers

    Where can you find the mini-brief for the case of Scott Iverson v Amazon Wood Group?

    <p>In the 'Prepare' folder on Elite</p> Signup and view all the answers

    Which limitation period is specifically mentioned in the syllabus for cases involving latent damage?

    <p>Three years</p> Signup and view all the answers

    What should students complete before advancing to the next unit?

    <p>Completion of the examinable material in the White Book</p> Signup and view all the answers

    What is the time limit for bringing an action for conversion of chattel according to LA 1980?

    <p>6 years</p> Signup and view all the answers

    What is the special time limit for claiming damages relating to personal injuries?

    <p>3 years</p> Signup and view all the answers

    How long do actions for defamation or malicious falsehood have to be initiated under LA 1980?

    <p>6 years</p> Signup and view all the answers

    What is the time limit for actions founded on tort according to the Limitation Act?

    <p>6 years</p> Signup and view all the answers

    In the context of personal injury claims, what does the date of knowledge refer to?

    <p>The date when the claimant is aware of the injury</p> Signup and view all the answers

    For contractual claims based on simple contracts, what is the time limit established by LA 1980?

    <p>6 years</p> Signup and view all the answers

    What is the time limit for actions regarding defective products?

    <p>10 years</p> Signup and view all the answers

    Which legislation sets the special time limit for actions under Fatal Accidents?

    <p>Limitation Act 1980</p> Signup and view all the answers

    How does the Limitation Act treat the day a cause of action accrues if it occurs midway through a day?

    <p>The day is excluded from the limitation period</p> Signup and view all the answers

    In cases of contribution claims, how long do parties have to bring an action?

    <p>2 years</p> Signup and view all the answers

    According to the Limitation Act, how is the date when an action is 'brought' defined?

    <p>When the claim form is issued</p> Signup and view all the answers

    What is the time limit for actions based on the specialty under LA 1980?

    <p>12 years</p> Signup and view all the answers

    When does the time limit for bringing an action for theft expire?

    <p>6 years</p> Signup and view all the answers

    What extension provisions exist for the limitation period in case of fraud?

    <p>The limitation period is postponed until the fraud is discovered</p> Signup and view all the answers

    For negligence actions that do not involve personal injuries, what is the overriding time limit?

    <p>6 years</p> Signup and view all the answers

    What is the effect of a claimant's knowledge in negligence actions regarding the limitation period?

    <p>It does not affect the limitation period</p> Signup and view all the answers

    Which of the following is NOT one of the four matters that define the date of knowledge?

    <p>The response time of the defendant</p> Signup and view all the answers

    What is the maximum duration a plaintiff has to bring an action for negligence involving personal injuries?

    <p>6 years from the date cause of action accrued</p> Signup and view all the answers

    What is the starting date for bringing an action as defined in S14A(5)?

    <p>The earliest date when the plaintiff had knowledge of relevant facts</p> Signup and view all the answers

    What is the special time limit for actions to recover rent?

    <p>6 years from the date arrears became due</p> Signup and view all the answers

    In the context of negligence actions, how many years from the negligent act or omission can a claim be brought?

    <p>15 years</p> Signup and view all the answers

    Which case established that a claimant does not need to know they have a possible cause of action?

    <p>Dobbie v Medway HA</p> Signup and view all the answers

    What is the time limit for actions to recover money secured by a mortgage?

    <p>12 years</p> Signup and view all the answers

    Which of the following matters must be known to the claimant to have a valid date of knowledge?

    <p>Identity of any person whose conduct is alleged to constitute a breach</p> Signup and view all the answers

    What might a defendant argue regarding the time elapsed since an incident?

    <p>Witness evidence is less reliable due to fading memories.</p> Signup and view all the answers

    What action can a defendant take if a judge denies the possibility of s33 exclusion?

    <p>Launch a negligence claim against the solicitors.</p> Signup and view all the answers

    Under what circumstances does s14A provide an alternative cause of action?

    <p>When damage was delayed in being discovered.</p> Signup and view all the answers

    What is the maximum duration for bringing a claim when knowledge of the cause arises?

    <p>6 years from when the action accrued or 3 years from actual knowledge.</p> Signup and view all the answers

    Which of the following statements is true about the conduct of the defendant?

    <p>Ignoring communications can negatively reflect on a defendant's position.</p> Signup and view all the answers

    What must a claimant show to successfully argue for s33 relief?

    <p>That they acted promptly and reasonably in their responses.</p> Signup and view all the answers

    In the context of Iverson's case, why is the identity of the employer significant?

    <p>It impacts the defense strategy and potential liability.</p> Signup and view all the answers

    What is the implication of a defendant moving slowly in response to communications?

    <p>It may strengthen the claimant's argument for relief.</p> Signup and view all the answers

    Study Notes

    Preparatory Reading and Syllabus Areas

    • Read the examinable material in The White Book as outlined in the Syllabus
    • Review the Limitation Overview in the Civil Litigation 'Prepare' folder on Elite
    • Study paragraphs 8-5, 8-12.1, 8-22, 8-33, 8-36, 8-43 (first five sub-paragraphs), 8-46, 8-64, 8-75 (first sub-paragraph), 8-90, 8-91.1, 8-92, 8-93, and 8-94 from the White Book commentary. These are supplementary to the syllabus
    • Read and consider the case of Scott Iverson v Amazon Wood Group
    • Review the 'How to advance a limitation argument' section in Lexis Practice Note
    • Refer to the Limitation Act 1980 – the general application

    BSB Centrally Set Assessments Syllabus Coverage, Unit 2

    • Review the syllabus for full White Book references
    • Focus on Syllabus Area 2: Limitation
      • Accrual of causes of action
      • Limitation periods (tort, latent damage, personal injury, fatal accident, contract, and contribution claims)

    Examinable Material

    • Accrual of Causes of Action: The date from which the limitation period begins and when an action is considered “brought” are examinable aspects
    • Refer to commentary paragraphs 8-3.1 and 8-3.2 in Volume 2 of the Civil Procedure (White Book) 2024
    • Limitation Periods: Time limits for actions in tort, latent damage, personal injury, fatal accident, contract, and contribution claims
      • Specific time limits for different types of actions are examinable
      • The relevant time limits for claiming contribution in specific circumstances

    Accrual of Causes of Action

    • Limitation begins when the cause of action is calculated and when the action is brought
    • The date from which the clock starts is critical
    • An action arises when a significant damage is caused – or at the stroke of midnight when a deadline passes

    Limitation Periods

    • Time limits for different types of cases (tort, contract, etc.)
    • Special time limits, if applicable
    • Time limits specific to certain injuries or claims
    • Knowledge and discovery of facts are factors in some instances

    Other Key Information

    • Dates of knowledge are critical in many cases – use Section 14(1) when dealing with knowledge claims
    • Special circumstances, such as disability, fraud, or concealment can extend time limits
    • If an action involves a personal injury, particular provisions might apply

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    Related Documents

    Unit 2 - Limitations Reading & Lecture Notes PDF

    Description

    This quiz covers essential readings and key concepts from the syllabus areas surrounding Civil Litigation, specifically focusing on limitation periods and the accrual of causes of action. Participants will review pertinent material from The White Book, case studies, and practice notes that pertain to limitation arguments and the Limitation Act 1980.

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