Hey there! Sign in to join this conversationNew here? Join for free

limitation periods, please answer this quick question! :) Watch

    • Thread Starter
    Offline

    0
    ReputationRep:
    according to the limitation act 1980 : http://en.wikipedia.org/wiki/Limitation_Act_1980

    limitation periods for breach of contract are 6 years and for tort claims usually 3.

    Can someone please shine any light on whether this is the case for claims regarding pure economic loss in both contract and tort, as I've heard its the other way round, with tort being six years and contract being 3, but i'm not sure

    many thanks
    Offline

    1
    ReputationRep:
    You cannot possibly get anywhere by using Wiki. Use the online sources you have been given access to.
    Offline

    2
    ReputationRep:
    Why not take a look at the statute? http://www.lexisnexis.com/uk/legal/d...rma=true&elb=t.

    Where have you heard that the limitation period is different for economic loss cases? Does the statute bear this contention out?

    Bear in mind pure economic loss is only a distinct issue in tort. Most breach of contract claims are related to economic loss, and that isn't a problem.
    Offline

    17
    ReputationRep:
    Pretty sure its still 6 years for contract and 3 for tort...
    Offline

    1
    ReputationRep:
    6 years for both contract and tort, with a few exceptions such as personal injury (3 years).
    • Thread Starter
    Offline

    0
    ReputationRep:
    http://www.lawteacher.net/tort-law/l...on-lecture.php

    6 years in tort, minus the exceptions

    for financial loss, contract is 3 years under the latent damage act

    Can someone please confirm this?
    Offline

    11
    ReputationRep:
    (Original post by adiostom1)
    http://www.lawteacher.net/tort-law/l...on-lecture.php

    6 years in tort, minus the exceptions

    for financial loss, contract is 3 years under the latent damage act

    Can someone please confirm this?
    I can't access the article you've provided a link to.

    However, my recollection is that the Latent Damage Act applies, essentially, a longer limitation period for tortious claims where the facts giving rise to the cause of action are not known at the time. In those circumstances the Act applies a limitation period of 3 years from the date of knowledge of those facts - in other words, it extends the limitation period.

    I don't believe the Latent Damage Act is relevant to contractual claims.

    Post the text of the link you sent.
 
 
 
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Poll
    Did TEF Bronze Award affect your UCAS choices?
    Useful resources
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Quick reply
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.