Statute of limitations

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Statute of limitations

A statute specifying the period of time within which legal action must be brought for alleged damages or injury; in construction industry cases.

statute of limitations

A statute specifying the period of time within which legal action must be brought for alleged damage or injury. The lengths of the periods vary from state to state and depend upon the type of legal action. The period commences to run under some statutes of limitations upon the accrual of a legal claim, but in others only upon the time of discovery of the act resulting in the alleged damage or injury.
References in periodicals archive ?
Victoria's Limitation of Actions Act 1958 (Vic) is substantially based on the later Limitations Act 1939, 2 & 3 Geo 6, c 21.
(98) See, eg, New South Wales Law Reform Commission, The First Report on the Limitation of Actions, Report No 3 (1967) 7 [6]; Law Reform Commission of Western Australia, Limitation and Notice of Actions--Report, Project No 36 Part 11 (1997) 356 [14.1]-[14.2].
(103) There are provisions dealing with the limitation of actions in regard to mortgages: Limitation Act 1981 (NT) pt II div 3.
(58) Manitoba Limitation of Actions Act, supra note 22, s 2.1(2)(b); Saskatchewan Limitations Act, supra note 22, s 16(1)(a)(2); NF & L Limitations Act, supra note 2t, s 8(2); Ontario Limitations Act, supra note 22, s 16(1)(h).
(94) Limitation of Actions Act, RSA 1980, c L-15 ss 51(b), 52, 57, 58.
See generally HENRY THOMAS BANNING, A CONCISE TREATISE ON THE STATUTE LAW OF LIMITATION OF ACTIONS 2 (2d ed.
at 511 (noting that "the digital, on or off quality of limitation of actions contrasts sharply with the analog, gradual nature of the evils it seeks to prevent").
Plaintiffs in this category will remain subject to the provisions contained in sections 5, 23 and 23A of the Limitation of Actions Act 1958.
Under the Limitation of Actions Act 1958 the concept of discoverability only applies where the injury which is the subject of a claim for personal injury damages is a disease or disorder.
(167) Section 36(1) of the Limitation of Actions Act 1936 (SA) provides for a three-year limitation period for personal injury actions, and time does not run against minors.
Note that in some Canadian jurisdictions, limitation periods have been abolished altogether for child sexual abuse: see, eg, Limitation Act, RSBC 1996, c 266, s 4(k); Limitation of Actions Act, RSS 1978, c L-15, s 3(3.1), while in California the limitations period for certain child sexual abuse claims has been suspended for one year commencing on 1 January 2003 by an amendment to CAL CIV PROC CODE (Deering) [section] 340.1 (2003).
(69) Law Commission for England and Wales, Limitation of Actions, Consultation Paper No 151 (1997) 11-16; Law Commission for England and Wales, Limitation of Actions, Report No 270 (2001).