Limitation Periods: Legal Concepts and Applications
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Questions and Answers

Which statement best describes the relationship between common law and limitation periods?

  • Common law did not originally include provisions for limitation periods; these were introduced solely through statutes. (correct)
  • Common law and statutory law offer concurrent and equally valid frameworks for determining limitation periods.
  • Common law implicitly enforced limitation through customary practices, later formalized in statutory law.
  • Common law established the initial framework for limitation periods, which were later refined by statutes.

What is the primary rationale behind the establishment of limitation periods?

  • To ensure that the courts are not overburdened with very old cases that could be difficult and time consuming to adjudicate.
  • To encourage plaintiffs to pursue legal action quickly, thereby reducing the administrative costs associated with long-pending claims.
  • To standardize legal procedures across different jurisdictions, fostering consistency and predictability in litigation outcomes.
  • To protect defendants from indefinite potential liability and ensure fairness through timely resolution, supported by reliable evidence. (correct)

Why is a thorough understanding of limitation periods considered essential for legal practitioners?

  • It is a fundamental prerequisite for competent practice, affecting the ability to properly advise clients and manage legal risks. (correct)
  • It helps practitioners comply with professional indemnity insurance requirements, ensuring they are covered for errors and omissions.
  • It allows practitioners to accurately estimate the potential costs and duration of litigation for their clients.
  • It ensures practitioners can effectively negotiate settlements, as they are fully aware of the time constraints affecting claims.

If a limitation period expires, what is the legal consequence regarding the cause of action?

<p>The underlying right remains, but the remedy is barred, meaning the plaintiff cannot pursue an action in court. (B)</p> Signup and view all the answers

In what specific scenario can a plaintiff still enforce a right even after the limitation period has expired?

<p>If the plaintiff can enforce their right through means other than a court action, such as a lien. (C)</p> Signup and view all the answers

What is the role of the defendant in invoking the statute of limitations?

<p>The defendant must specifically plead limitation as a defense; otherwise, it is waived. (D)</p> Signup and view all the answers

How does the doctrine of laches relate to limitation periods?

<p>Laches applies to equitable remedies, introducing a degree of control where fixed limitation periods do not exist. (C)</p> Signup and view all the answers

Which of the following scenarios demonstrates the most direct application of limitation principles?

<p>A plaintiff attempts to claim damages for a breach of contract that occurred fifteen years prior, despite no prior legal action. (D)</p> Signup and view all the answers

In a restitutionary claim for money paid under a mistake of fact, what condition(s) must be met for the limitation period to begin running?

<p>Either when the mistake was discovered or when the plaintiff could have discovered it with reasonable diligence. (C)</p> Signup and view all the answers

According to Peart J. in Kearns & Fallon v. McCann Fitzgerald IEHC 85, Section 72 of the Act primarily applies to situations involving:

<p>Claims seeking relief from a mistake within the context of a contract, such as rescission or rectification. (C)</p> Signup and view all the answers

In the context of counterclaims, Section 6 of the Act stipulates that a counterclaim is considered:

<p>A separate action commenced on the same date as the original action. (A)</p> Signup and view all the answers

In Strick v. Tracey, a claim for damages raised by way of counterclaim after the primary limitation period had expired, but arising from the same incident as the plaintiff’s claim, was:

<p>Considered not statute-barred because it arose from the same incident as the original claim, and was treated as commenced on the same date as the original action. (C)</p> Signup and view all the answers

Given the overview provided, which area of law regarding limitation periods is NOT specifically addressed, requiring students to seek further knowledge?

<p>Employment law, judicial review, and trusts and succession matters. (B)</p> Signup and view all the answers

A defendant owes a plaintiff two debts, one statute-barred and one not. The defendant makes a payment without specifying which debt it covers. How may the plaintiff legally apply this payment?

<p>The plaintiff may allocate the payment to the statute-barred debt, subject to Section 69(2) of the Act. (A)</p> Signup and view all the answers

In the context of the statute of limitations, what is the critical event that stops time from running?

<p>The formal issuing of the originating process. (D)</p> Signup and view all the answers

Under what circumstances does a disability NOT grant an extension to the limitation period for a cause of action?

<p>If the disability arises the day after the cause of action accrued. (A)</p> Signup and view all the answers

The Statute of Limitations (Amendment) Act 2000 addresses cases of sexual abuse. According to this Act, under what specific condition is a plaintiff considered to be under a disability?

<p>If the plaintiff suffers psychological injury that impairs their ability to make a reasoned decision to bring an action. (C)</p> Signup and view all the answers

How does the Personal Injuries Resolution Board Act impact the calculation of limitation periods?

<p>It disregards the period from application to six months after authorization in the limitation period, provided specific information requirements are met. (C)</p> Signup and view all the answers

The Mediation Act 2017 influences the calculation of limitation periods under specific circumstances. What is the determining factor for when the disregarded period related to mediation ends?

<p>30 days after a mediation settlement is signed or the mediation is terminated, whichever comes first. (B)</p> Signup and view all the answers

Which of the following causes of action has the shortest limitation period, assuming no extensions apply?

<p>Defamation (D)</p> Signup and view all the answers

In the context of limitation periods, what is the legal significance of the date upon which the cause of action accrues?

<p>It is included in computing the limitation period. (B)</p> Signup and view all the answers

A breach of simple contract occurs on March 1, 2024. Assuming no other factors affect the limitation period, until what date can a claim be brought?

<p>March 1, 2030 (B)</p> Signup and view all the answers

When does the cause of action accrue for a breach of contract?

<p>On the date the breach of contract occurs. (C)</p> Signup and view all the answers

A plaintiff initiated a claim close to the limitation period's end but then significantly delayed pursuing the claim. What is the likely outcome based on the provided context?

<p>The plaintiff's claim may be dismissed due to inordinate and inexcusable delay. (B)</p> Signup and view all the answers

If a person suffers an injury due to negligence on March 1, 2024 but does not realize the full extent of the injury until September 1, 2024, when does the limitation period typically begin?

<p>March 1, 2024, the date of the initial negligent act. (B)</p> Signup and view all the answers

What is the standard limitation period for actions founded upon a contract under seal?

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

In a claim for breach of a simple contract, the defendant argues that the limitation period has expired. The plaintiff contends that ongoing negotiations between the parties should pause or extend the limitation period. How will the court likely rule?

<p>The court will rule in favor of the defendant, as ongoing negotiations do not generally impact the running of the limitation period unless a formal agreement (e.g. mediation) is in place. (C)</p> Signup and view all the answers

A trustee commits a non-fraudulent breach of trust. What is the limitation period applicable to claims arising from this breach?

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

In the context of property damage claims and the Statute of Limitations, what did McKechnie J determine as the point from which time begins to run?

<p>The date of manifestation of damage, meaning when damage was capable of being discovered and proved. (A)</p> Signup and view all the answers

How did the Supreme Court's decision in Cantrell v. AIB influence the understanding of when a cause of action accrues in cases involving negligent mis-selling of a financial product?

<p>It clarified that time starts running only when the risk associated with the product renders it less valuable, constituting 'real actual damage'. (D)</p> Signup and view all the answers

Considering the evolution of case law concerning the accrual of a cause of action, particularly focusing on Hegarty v. O’Loughran and subsequent interpretations, which statement best encapsulates the current approach to determining the commencement date for the limitation period in property damage claims?

<p>The predominant view is that time runs from the date of manifestation of damage, implying that damage must be capable of discovery and proof. (D)</p> Signup and view all the answers

What is the legal consequence if a landowner fails to initiate legal proceedings to recover their land within the statutory limitation period after being dispossessed?

<p>The landowner's title to the land is extinguished, granting the adverse possessor a form of ownership. (A)</p> Signup and view all the answers

In the context of adverse possession, from what specific event does the limitation period for a landowner to recover their land begin to run?

<p>From the date the person without title enters into possession that is adverse to the owner. (B)</p> Signup and view all the answers

Considering the judgment of Birmingham J in Hegarty v. D & S Flanagan Brothers Ballymore Limited & Anor, what critical factor led to the striking out of the claim against the engineer?

<p>The claim was initiated significantly beyond the statutory limitation period, with no grounds to prevent reliance on the limitation period. (D)</p> Signup and view all the answers

In Brandley v. Deane, what specific question regarding the Statute of Limitations in property damage claims was presented to the Supreme Court?

<p>When does time run for the purpose of the Statute of Limitations in property damage claims? (D)</p> Signup and view all the answers

Geoghegan J. stated that in contract law the limitation period begins when?

<p>On the date of the breach of contract.. (C)</p> Signup and view all the answers

How does Irish law, based on the Supreme Court's decision in Hegarty v. O’Loughran, view the relevance of discoverability in determining the commencement date for the limitation period?

<p>Discoverability, as such, cannot be relevant in considering the commencement date. (B)</p> Signup and view all the answers

In Brandley v. Deane, what did Ryan P. in the Court of Appeal, emphasize regarding the applicability of the discoverability test?

<p>The test is not based on discoverability for property damage claims but is appropriate to personal injury actions due to statutory amendments. (D)</p> Signup and view all the answers

According to McKechnie J., what does 'manifestation of damage' mean in the context of property damage claims?

<p>The date on which damage is capable of being discovered and proved by a Plaintiff. (D)</p> Signup and view all the answers

What was the ultimate conclusion reached in Brandley v. Deane regarding when time begins to run for the purpose of the Statute of Limitations in property damage cases?

<p>Time begins to run from the date of manifestation of damage, meaning when the damage was capable of being discovered and proved. (B)</p> Signup and view all the answers

In construing the 1957 Act for property damage claims, what did McKechnie J conclude regarding the appropriate start point?

<p>The start point should be the date of manifestation of damage. (C)</p> Signup and view all the answers

What critical distinction does the text draw between the accrual of a cause of action in contract versus in tort (specifically negligence) concerning property damage?

<p>In contract, time runs from the breach; in tort, it runs from the manifestation of damage. (A)</p> Signup and view all the answers

What was the finding in Irish Equine Foundation that Birmingham J cited?

<p>The time-limit on negligence actions begins to accrue on the date on which damage manifests itself (D)</p> Signup and view all the answers

In the context of debt acknowledgement under Section 56, which condition must be met for the cause of action to be deemed to accrue on the date of acknowledgement?

<p>The acknowledgement is made in writing and signed by the person acknowledging the debt. (C)</p> Signup and view all the answers

How does Section 65 (1) modify the accrual date of a cause of action to recover a debt when the debtor makes a part payment?

<p>It shifts the accrual date to the date of the part payment. (D)</p> Signup and view all the answers

Considering actions founded in tort, what is the critical distinction regarding the timeline for the statute of limitations between torts actionable per se and those requiring proof of actual damage?

<p>The limitation period for torts actionable <em>per se</em> runs from the date of the act, while for others it starts only when damage occurs. (B)</p> Signup and view all the answers

In Hegarty v. O’Loughran, what principle did the Supreme Court establish regarding when the statute of limitations begins to run in tort cases requiring proof of damage?

<p>Time starts running only when a provable injury capable of attracting compensation occurs to the plaintiff. (B)</p> Signup and view all the answers

How did the introduction of the 1991 Act specifically address the unfairness concerning latent damages in personal injury claims?

<p>By allowing the limitation period to run from either the date of accrual or the 'date of knowledge,' whichever is later. (C)</p> Signup and view all the answers

According to Section 2 of the 1991 Act, what constitutes 'knowledge' that a plaintiff must possess to be fixed with awareness of their injury?

<p>All elements specified in subsections (1) (a) to (e), including awareness of the injury's significance, cause and the identity of the defendant. (A)</p> Signup and view all the answers

Under what conditions does the law impute knowledge to a plaintiff, particularly concerning facts ascertainable with expert assistance, per subsections (2) and (3) of the 1991 Act?

<p>If the plaintiff could reasonably have been expected to be aware of facts ascertainable with reasonable expert help. (A)</p> Signup and view all the answers

According to Finlay Geoghegan J in O’Sullivan v. Ireland & Ors IESC 33, what is unique about the 'two or three step test' in determining a plaintiff’s date of knowledge under the 1991 Act?

<p>It initially distinguishes between actual and constructive knowledge without immediately considering if the plaintiff acted reasonably in seeking facts or expert advice, which is reserved for the constructive knowledge assessment. (A)</p> Signup and view all the answers

For tort actions not involving personal injuries, how does the limitation period operate concerning the plaintiff's awareness of damage?

<p>The limitation period begins to run when the damage has been caused by the defendant's wrongful act, irrespective of the plaintiff’s awareness. (C)</p> Signup and view all the answers

In Irish Equine Foundation Limited v. Robinson, what was the key factor in determining when the limitation period began, despite the plaintiffs' claim of delayed damage manifestation?

<p>The defects were detectable by experts at any time after construction, regardless of when the leaks manifested. (B)</p> Signup and view all the answers

In what key aspect does the application of the 'date of knowledge' differ between general tort claims and personal injury claims under Irish law?

<p>The 'date of knowledge' is a consideration that can extend the limitation period only in personal injury claims, not in general tort claims. (D)</p> Signup and view all the answers

Consider a scenario where a construction company completes a building in 2010, but a latent defect causes a collapse in 2018. The owner discovers the structural flaw only in 2020, and the standard limitation period for such claims is six years from the date the cause of action accrues. How would a court likely determine the commencement of the limitation period?

<p>From 2018, the collapse date, because this is when significant damage became evident, demonstrating the direct impact of the defect. (A)</p> Signup and view all the answers

In the context of professional negligence, such as an architect's flawed design leading to structural issues in a building, what conditions must be met to successfully argue for a claim based on 'date of knowledge' provisions?

<p>The plaintiff must prove they took reasonable steps to seek expert advice once there was a basis to suspect negligence, and the advice was essential to understanding the defect’s nature. (A)</p> Signup and view all the answers

Consider a scenario where contaminated land causes progressive health issues, diagnosable only through advanced medical testing available years after initial exposure. How does the progressive nature of damage affect applying the statute of limitations, especially concerning toxic torts?

<p>The limitation defers until medical science conclusively links the exposure specifically to the plaintiff’s condition, and testing confirms this causal relationship. (A)</p> Signup and view all the answers

How does the principle established in Cartledge v. E. Jopling & Sons Limited influence the modern application of limitation periods, particularly in cases involving long-latency diseases or injuries from workplace exposure?

<p>It suggests the limitation period starts when the physical damage first occurs, even if the plaintiff is unaware, posing challenges for latent injury claims. (A)</p> Signup and view all the answers

Which scenario exemplifies the doctrine of laches preventing an equitable claim?

<p>A plaintiff delays pursuing a claim, and the defendant, relying on the prolonged inaction, undertakes significant financial investments that would be severely impacted if the claim proceeds. (D)</p> Signup and view all the answers

In the context of the Civil Liability Act 1961, what condition must be satisfied for a dependent to bring a fatal injury claim more than two years after the deceased's death?

<p>The action can be brought if the person for whose benefit the action is brought did not have knowledge of the cause of action until a date later than the date of death, and the action is brought within two years of that date of knowledge. (C)</p> Signup and view all the answers

How does the concept of 'fraud' in the context of limitation periods differ from common law fraud?

<p>It is broader, encompassing not only deceit but also equitable fraud or unconscionable conduct, potentially including breaches of fiduciary duty. (B)</p> Signup and view all the answers

What critical element must be present for the principle of fraudulent concealment to suspend a limitation period?

<p>The defendant's active steps to hide the cause of action, beyond the initial act that created the cause of action. (D)</p> Signup and view all the answers

How does the discovery of a mistake affect the limitation period for claims seeking relief from the consequences of that mistake?

<p>The limitation period begins when the plaintiff discovers the mistake or could have discovered it with reasonable diligence. (D)</p> Signup and view all the answers

In cases where a cause of action survives against the estate of a deceased person, what are the conditions under which proceedings can be maintained?

<p>Proceedings must have been pending at the date of death, or commenced within the appropriate limitation period or within two years after death, whichever expires first. (B)</p> Signup and view all the answers

What is the legal consequence if a deceased person's cause of action was statute-barred immediately before their death, in the context of a subsequent fatal injury claim by their dependents?

<p>The fatal injury claim is also statute-barred, as the dependents' right to recover depends on the deceased having a viable cause of action immediately before death. (B)</p> Signup and view all the answers

How does the court determine whether conduct is sufficiently unconscionable to prevent time from running in cases involving fraud?

<p>The Court assesses the facts of each case individually, examining whether the defendant's conduct deviates so significantly from fair dealing that it would be unjust to allow them to rely on the limitation period. (A)</p> Signup and view all the answers

What constitutes a 'mistake' in the context of Section 72(1), which allows for the postponement of the limitation period?

<p>A fundamental error that is a vital part of the cause of action itself, not merely a mistake about the plaintiff's rights. (C)</p> Signup and view all the answers

A plaintiff discovers that their land title was fraudulently altered by the defendant ten years ago. Under what circumstances can the plaintiff bring a claim despite the standard limitation period?

<p>Only if the plaintiff can prove that the defendant actively concealed the fraudulent alteration and that the plaintiff could not have discovered it earlier with reasonable diligence. (B)</p> Signup and view all the answers

A trustee engages in self-dealing, breaching their fiduciary duty to the beneficiaries. If the beneficiaries delay bringing a claim, what factors will a court consider when determining whether the doctrine of laches applies?

<p>The court will assess whether the beneficiaries acquiesced in the trustee's actions, whether the delay prejudiced the trustee, and whether it would be unjust to allow the claim to proceed given the circumstances. (C)</p> Signup and view all the answers

A deceased person defrauded a Plaintiff of funds. The Plaintiff discovers the fraud after the deceased's death. What timeframe applies to commencing proceedings against the estate, assuming a six-year limitation otherwise?

<p>Proceedings must commence within six years of discovering the fraud or two years after the deceased's death, whichever period expires first. (A)</p> Signup and view all the answers

A surveyor provides a negligent report of a property leading to financial damages. The owner only discovers many years later when selling the property following a survey that reveals the earlier negligence. How could the surveyor use the statute of limitations to defend against their claim?

<p>The surveyor can claim the statutory limit began when the report was provided, regardless of when the owner discovered the negligence. (C)</p> Signup and view all the answers

In a complex commercial transaction, a material term is omitted from the written contract due to a mutual mistake between two parties. Years later, the consequences of this omission become apparent. What legal principle governs whether a claim for rectification of the contract is time-barred?

<p>the time does not begin to run until the Plaintiff has discovered his mistake or could have done so with reasonable diligence (C)</p> Signup and view all the answers

A senior executive misrepresents the financial health of a company to induce an investor to purchase shares. Years later, after the executive's death, the investor discovers the fraud and suffers significant losses. Can the investor bring a misrepresentation claim against the executive's estate, and if so, what limitations apply?

<p>Yes, the investor can bring a misrepresentation claim, with the limitation period beginning upon discovery of the fraud, but the claim must be commenced within the appropriate limitation period or within two years after death, whichever expires first. (C)</p> Signup and view all the answers

Flashcards

Limitation

The principle that legal claims have a statutory time limit for initiation.

Doctrine of Laches

Equitable doctrine that prevents pursuing a claim after an unreasonable delay that prejudices the defendant.

Statute of Limitations, 1957

The primary legislation in Ireland governing the time limits for bringing legal actions.

Rationale for Limitation

The idea that there should be certainty in legal matters and that defendants shouldn't face claims indefinitely.

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Right vs. Remedy

Limitation does not extinguish the right, but prevents the enforcement of a remedy in court due to the expiration of a time period.

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Limitation as a Defense

The defendant must specifically raise this defense in court to be considered valid.

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Enforcement Outside of Court

If a plaintiff can enforce their right using a method other than legal action, limitation does not apply.

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Appropriation of Debts

Assigning payments to pay off older debts first.

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Mistake of Fact: Time Start

In restitutionary claims, time starts when the mistake is discovered or could have been with reasonable diligence.

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Counterclaim Commencement

A claim made as a counterclaim is considered a separate action, starting on the same date as the original action.

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Section 72 Application

Section 72 applies when seeking relief from a mistake in a contract (e.g., rescission).

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Error vs. s.72 Mistake

The defendant's error cannot be equated to a mistake under Section 72 of the Act.

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Amendment After Expiry

If an amendment is made after the limitation period, the claim is not statute barred.

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Allocation of Payments

If a debtor owes multiple debts, and one is statute-barred, the creditor can allocate payments to the statute-barred debt unless the debtor specifies otherwise.

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Effect of Limitation Period

The limitation period expiring does not cancel the debt itself, but only the ability of the plaintiff to recover it through court action.

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Cessation of Time

Once legal proceedings have begun, time stops running for limitation purposes.

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Categories of Disability

Infants (minors) and persons of unsound mind

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Disability Extension

If a person is under a disability when the cause of action accrues, they have six years (two for personal injuries) from when the disability ceases or they die to bring the action.

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Timing of Disability

The disability must pre-date or occur on the same day as the cause of action to qualify for an extension of the limitation period.

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Disability in abuse cases.

If a psychological injury impairs their ability to make reasoned decisions due to abuse, the Plaintiff is considered under a disability

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Personal Injuries Resolution Board Act

The period during application and 6 months after authorization is disregarded for limitation purposes related to the named respondents.

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Mediation Act 2017

agreement to mediate is signed and ends on the day which is 30 days after either (a) a mediation settlement is signed by the parties and the mediator, or (b) the mediation is terminated

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Simple Contract

6 years

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Contract under seal

12 years

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Tort (excluding personal injury)

6 years

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Personal Injury

2 years

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Defamation

1 year, but the court can extend to 2 years

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Accrual in Contract

The cause of action accrues on the date the contract is breached, and time starts running from that date.

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Section 56

Extends the limitation period in debt cases when the debtor acknowledges the debt in writing.

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Section 65(1)

If a debtor makes a part payment towards a debt, the cause of action accrues on the date of that payment.

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Tort Time Start (No Damage Proof)

In torts actionable without proof of damage, time runs from the date of the act.

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Tort Time Start (Damage Required)

In torts actionable only upon actual damage, time runs when the damage occurs.

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Provable Injury Rule

Time runs only when a provable injury capable of compensation occurs.

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1991 Act Purpose

Addresses unfairness when a claim isn't discovered until after the primary limitation period, but only for personal injuries.

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'Date of Knowledge' Rule

Limitation runs from either the date of accrual or the 'date of knowledge,' whichever is later.

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Knowledge Criteria (1991 Act)

A plaintiff must possess all criteria in Section 2(1)(a)-(e) to be fixed with knowledge.

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Imputed Knowledge

Plaintiffs are imputed with knowledge they could reasonably be aware of with expert help.

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Exception to Imputed Knowledge

Plaintiff not fixed with knowledge if reasonable steps were taken to get expert advice.

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Date of Knowledge Relevance

Only relevant to damages claims for personal injuries, as per Statute of Limitations (Amendment) Act 1991.

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Finlay Geoghegan J's Test

Distinguishes between actual and constructive knowledge, using a 2 or 3 step test.

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General Tort Limitation Period

For torts other than personal injury claims, it's six years from when the cause of action accrues.

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Tort Time - Unaware Plaintiff

Starts when damage is caused by the wrongful act, even if the plaintiff is unaware.

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Expert Detection Rule

If defects could have been detected by experts, the statutory period began from then.

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Breach of Contract: Limitation Start

In contract law, the limitation period starts from the date the contract was breached, not when damage occurred.

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Discoverability in Property Damage

The discoverability principle generally doesn't apply to property damage claims in Ireland.

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Manifestation of Damage

Time begins to run from the date when the damage is capable of being discovered, and capable of being proved.

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Real Actual Damage

Damage, for the accrual of a cause of action,must be real actual damage, which a person would consider commencing proceedings for.

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Land Recovery Time Limit

For land recovery, the landowner has a limited time to act from the date of adverse possession.

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Extinguishment of Title

If a landowner fails to reclaim land within the limitation period, their title is extinguished.

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Adverse Possession Start

Adverse possession starts when someone without title takes possession of the land.

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Adverse Possession: 12-Year Limit

The landowner must start legal action within twelve years from the date of adverse possession.

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Negligence Action Time-Limit

In negligence actions, the time limit begins when damage manifests, not when discovered.

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Negligent Mis-selling

Limitation period for a product only begins to run when the risk renders the product less valuable.

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Tort of Negligence

The test is not based on discoverability, but when was the tort of negligence complete

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Discoverability

Discoverability, as such, cannot be relevant in considering what is the appropriate commencement date in respect of the limitation period.

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Accrue Time-Limit

The time-limit began to accrue on the date on which damage manifests itself, and not from the date on which the damage is discovered

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Time Begins

Time begins to run from the date of manifestation of damage, which means it runs from the time that the damage was capable of being discovered and capable of being proved by the plaintiff.

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Runs From Manifestation

Time begins to run from the date of manifestation of damage.

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Definition of 'Land' in Limitations

Includes actions for title declaration and mortgagee proceedings for possession.

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Elements of Laches

Delay where Plaintiff seemingly agreed to the action or Defendant changed position relying on the situation.

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Laches & Statutory Periods

Courts may apply a relevant statutory limitation period by analogy.

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Effect of Death on Actions

Causes of action survive for/against the estate, but proceedings have time limits.

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Time Limit Post-Death

Must be commenced within the limitation period or 2 years after death, whichever is earlier.

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Fatal Injuries Claim Time Limit

An action can be brought within two years of death or date of knowledge.

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S.48 Action Interlinked

A separate right of action dependent on the deceased being able to maintain the action immediately prior to death.

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Fraud & Limitation Periods

Time limit doesn't run if the action is based on the defendant's fraud or concealment.

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Broad Definition of Fraud

Goes beyond legal deceit, including unconscionable behavior.

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Unconscionable Conduct

When conduct is considered bad enough to prevent time from running.

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Mistake & Time Limits

Time doesn't run until Plaintiff discovers the mistake or could have with due diligence.

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Nature of 'Mistake'

Must be a fundamental error central to the cause of action, not just misunderstanding of rights.

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Cause of Action and Death

Survives for the benefit of, or against, the deceased's estate.

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Action for Wrongful Death

A separate cause of action arises for dependants if death resulted from a wrongful act.

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Study Notes

  • Limitation is a creation of statute, as common law did not limit the period for bringing legal claims.
  • Equity controls limitation via the doctrine of laches.
  • The Statute of Limitations, 1957 (as amended in 1991 and 2000) is the principal legislation governing limitation of actions.
  • Other acts, such as the Civil Liability Act 1961, also prescribe limitation periods.
  • The concept of limitation is based on public policy to ensure certainty for prospective defendants and prevent prejudice due to long delays.
  • Fixed periods exist for commencing most actions, except for equitable remedies where the doctrine of laches applies.
  • A thorough understanding of limitation is essential for competent legal practice.

General Principles

  • Limitation bars the remedy, not the right itself; the cause of action isn't extinguished upon expiration of the limitation period.
  • Limitation must be specifically pleaded as a defense by the defendant.
  • If the plaintiff can enforce their right by other means (e.g., a lien), they are free to do so even after the limitation period expires.
  • In debt appropriation, a plaintiff can allocate a payment to a statute-barred debt if the defendant doesn't specify otherwise.
  • The expiration of the limitation period only removes the plaintiff's means to recover via court action.
  • In McNamee v. Boyce IESC 2017 24, the Supreme Court dismissed a claim due to inordinate and inexcusable delay after proceedings began.

Running of Time and Disability

  • Time generally starts running from the accrual of the cause of action or date of knowledge
  • Time ceases to run once proceedings commence with the issue of originating process.
  • Section 48(1) defines disability as:
    • Infants
    • Persons of unsound mind
  • Section 49(1) states that if a person is under a disability when the cause of action accrues, the action can be brought within six years (two for personal injuries) from when the disability ceases or the person dies.
  • The section typically doesn't apply if the disability arises after the cause of action, but exceptions exist if the accident caused both the cause of action and the disability (Rohan v. Bord na Mona & Kirby v. Leather).
  • The Statute of Limitations (Amendment) Act 2000 includes psychological injury from sexual abuse as a disability under certain conditions (Section 48A).
  • Section 50 of the Personal Injuries Resolution Board Acts 2003-2022 disregards the period of application for assessment (plus six months after authorization) when calculating time limits, contingent on providing required information.
  • Section 18 of the Mediation Act 2017 disregards the period from signing a mediation agreement to 30 days after settlement or termination when calculating time limits.

Principal Limitation Periods

  • Simple contract: 6 years (Section 11(1)(a))
  • Contract under seal (specialty): 12 years (Section 11(5))
  • Tort (excluding personal injury): 6 years (Section 11(2))
  • Personal Injury: 2 years (Section 3(1) 1991 Act, amended by Section 7 of the Civil Liability and Courts Act 2004)
  • Clinical Negligence: Currently 2 years (same as Personal Injury), to change to 3 years (Section 221, Legal Services Regulation Act 2015 amends Statute of Limitations (Amendment) Act 1991)
  • Defamation: 1 year (or longer as court directs, up to 2 years) (S.38, Defamation Act 2009)
  • Recovery of land: 12 years (30 years for the State) (Section 13(2))
  • Claim to personal estate of deceased: 6 years (Section 45(1))
  • Claims for non-fraudulent breach of trust: 6 years (Section 43(1))
  • The day the cause of action accrues is included in calculating these periods (McGuinness v. Armstrong Patents Ltd).

Simple Contract and Contracts Under Seal

  • The cause of action in contract accrues on the date of the breach (Irish Equine Foundation Limited v. Robinson).
  • Section 56 extends the limitation period in debt cases with written acknowledgement signed by the debtor.
  • Section 65(1) states that part payment of a debt restarts the limitation period from the date of payment.
  • In debt cases, the cause of action accrues on the date of acknowledgement or part payment, even if the primary limitation period has expired.

Actions Founded in Tort

  • For torts actionable without proof of damage (assault, trespass) time runs from the date of the act.
  • For torts actionable upon actual damage, time runs from when the damage occurs (Hegarty v. O’Loughran).
  • The 1991 Act addresses unfairness in personal injury claims where the claim's existence is discovered after the primary limitation period.
  • The 1991 Act states that the limitation period runs from the date of accrual or the "date of knowledge," whichever is later.
  • Section 2(1)(a) to (e) defines knowledge for the 1991 Act; subsections (2) and (3) impute knowledge the plaintiff reasonably could have known with expert help (Gough v. Neary, Bolger v. O’Brien).
  • The plaintiff is not fixed with knowledge requiring expert help if they've taken reasonable steps to obtain and act on advice.
  • O’Sullivan v. Ireland & Ors IESC 33 suggests a 2 or 3 step test for determining the date of knowledge, distinguishing between actual and constructive knowledge.
  • For torts beyond personal injury, the limitation is six years from the date the damage was caused by the defendant’s wrongful act (Section 11(2) 1957 Act).
  • In Irish Equine Foundation Limited v. Robinson, the limitation period ran from when defects in a building could have been detected by experts, not when leaks occurred.
  • In Hegarty v. D & S Flanagan Brothers Ballymore Limited & Anor, the time limit on negligence actions accrues on the date damage manifests itself, not from the date on which the damage is discovered.
  • In Brandley v. Deane IECA 54, the question is "when did the plaintiffs suffer damage by reason of the negligence of the defendants? When was the tort of negligence complete?”
  • In Brandley v. Deane 2 IR 741, time begins to run from the date of manifestation of damage, meaning when the damage was capable of being discovered and capable of being proved by the plaintiff.
  • In property damage cases, time runs from date of manifestation of the damage, from the consequent damage caused by that latent defect.
  • In Cantrell v. AIB IESC 71, for negligent mis-selling, the limitation period begins when the risk renders the product less valuable, causing "real actual damage".

Actions for the Recovery of Land

  • Failure to bring an action for recovery of land within the limitation period extinguishes the landowner's title.
  • Time runs from the date a person with no title enters into adverse possession.
  • Landowner must commence proceedings within twelve years of adverse possession.
  • Land includes actions for declaration of title and mortgagee proceedings for possession.

Laches

  • Section 11(9) excludes specific performance, injunctions, or equitable relief from the section but allows courts to apply provisions by analogy (Nelson v. Rye).
  • Delay alone is insufficient; the plaintiff must be deemed to have acquiesced or the delay must have prejudiced the defendant.
  • Courts apply a statutory limitation period by way of analogy, where possible.

Death

  • Causes of action vested in or against a deceased person survive for the benefit of or against their estate (Civil Liability Act 1961, Sections 7 & 8).
  • The existing limitation period continues as normal.
  • Section 9(2) of the Civil Liability Act 1961 requires proceedings against a deceased's estate to be commenced within the applicable limitation period or within two years of death, whichever expires first.
  • Section 48, Civil Liability Act 1961 (as amended), allows dependants to claim damages for wrongful acts causing death, within two years of death or date of knowledge, whichever is later.
  • Hewitt v. The Health Service Executive 2 IR 649 clarifies that the s.48 cause of action is dependent on showing the deceased could have successfully maintained an action had they not died.

Fraud and Mistake

  • Time limits do not apply in cases of defendant's fraud or concealment until the plaintiff discovers or could have discovered it with reasonable diligence (McDonald v. McBain, Heffernan v. O’Herlihy & Co).
  • Fraud includes equitable fraud or unconscionable conduct (Kitchen v. Royal Air Force Association).
  • Courts assess each case to determine if the defendant's conduct is unconscionable enough to prevent time from running.
  • Section 72(1) states that for claims seeking relief from mistake, time runs when the plaintiff discovers the mistake or could have with reasonable diligence.
  • Mistake must be a vital part of the cause of action itself, not a mistake of the Plaintiff as to his rights (Phillips-Higgins v. Harper and Re Diplock).
  • In Kearns & Fallon v. McCann Fitzgerald IEHC 85, Section 72 applies to actions seeking relief from a mistake (contract entered into as a result of a mistake), not to an action for damages arising from an alleged negligent act.

Counterclaims

  • Claims by set-off or counterclaim are separate actions commenced on the same date as the original action (Section 6 of the Act).
  • Strick v. Tracey clarifies that an amended counterclaim, arising from the same incident but filed after the primary period, is not statute-barred.

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Explore the relationship between common law and limitation periods, the rationale behind their establishment, and the consequences of their expiration. Understand the importance of limitation periods for legal practitioners and the role of the defendant in invoking the statute of limitations. Scenarios and restitutionary claims are also examined.

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