BPTC Civil Litigation Limitation Exam with
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Define Limitation Period - ✔✔The period within which a person who has a right to claim against another
must start court proceedings to establish that right. The expiry of which may be used as a defence.
When does the limitation period begin when the Claimant is a child at the date of the cause of action? -
✔✔Time starts to run on the Claimant's 18th Birthday- S 28 LA 1980. For PI cases add 3 years, I.e. 21st
Birthday
When does the limitation period begin when the Claimant lacks mental capacity? - ✔✔Time does not
start to run against them at the time of the cause of action. If the Claimant's disability ceases, then time
starts to run when they are no longer under the disability.
When does the limitation period begin for cases of fraud, mistake or deliberate concealment? - ✔✔Sc
32- time runs from the date of discovery or when it could have been discovered
How long is the limitation period in tort cases? - ✔✔Sc 2- 6 years
What is the limitation period in contribution claims? - ✔✔Sc 10- 2 years from the relevant date which is
the date judgment was given, or the date a person agreed to the amount they would make in
contribution
What is the limitation period in Contract claims? - ✔✔Sc 5- 6 years from the breach of contract
