Limitation Act 1980

Basic knowledge of the Limitation Act 1980 for a civil lit exam

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  • Created by: Miss
  • Created on: 09-06-11 16:52
What is the purpose of the Limitation Act 1980? (Select all that apply)
To prevent the injustice of a Defendant facing a stale claim
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Is it an abuse of process to bring a claim outside of the limitation period?
True
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What should you do if the limitation period is about to expire?
Issue proceedings
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Why might the court stay a claim if it is brought close to the limitation period?
For ADR
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When does time run from if the claimant is a minor?
Age 18
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How should minors and persons under a diability conduct proceedings?
Through a litigation friend
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The limitation period runs from....
When the loss becomes actual
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Law Society v Sephton [2006] states.....
limitation isn
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Haward v Fawcetts states that the claimant must have factual knowledge essence of the act or ommissions which caused the loss but
it was not necessary for the claimant to know the precise details of alleged negligence or for him to conclusively identify that the defendant
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A person is of unsound mind at the time of the cause of the action, when does limitation start to run...
when they are no longer of unsound mind, when medically certified
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When does the period start in fraud cases?
when the fraud is discovered
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What is ignored when calculating the period?
Parts of a day
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Other cards in this set

Card 2

Front

Is it an abuse of process to bring a claim outside of the limitation period?

Back

True

Card 3

Front

What should you do if the limitation period is about to expire?

Back

Preview of the front of card 3

Card 4

Front

Why might the court stay a claim if it is brought close to the limitation period?

Back

Preview of the front of card 4

Card 5

Front

When does time run from if the claimant is a minor?

Back

Preview of the front of card 5
View more cards

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