This work is an analysis of the law relating to limitation of actions. The authors have approached this work by setting out general matters such as the relationship between statutes of limitation and equitable principles on the matter of delay in instituting proceedings the generalities of accrual of a cause of action and the relationship between limitation periods and rules of pleading and procedures. The bulk of the text sets out the particular difficulties encountered in particular areas of civil litigation. For these purposes it includes specific sections on contracts and commercial law, tort, restitutionary claims and actions in respect of real and personal property. While these four broad areas cover the majority of limitation issues, the problem with the subject generally is that there is such a diverse range of statutory limitation periods that there are some limitations upon a legal remedy which do not readily fall into the four categories referred to above and are dealt with separately. Finally, it analyses the issues arising from the burgeoning case law on the matter of prevention, extension and postponement of limitation periods
David Oughton is a Professor of Commercial Law, De Montfort University, Leicester John Lowry is a Professor of Law at University College London. Robert Merkin is a Professor of Commercial Law at Exeter University.
Part 1 General principles: history and policy of limitation of actions; application of "The Limitation Act 1980"; limitation and related issues; parties; running out-of-time; the extension of time; pleading and procedure. Part 2 Contract and commercial law: running out-of-time in simple contract actions; debts and methods of commercial payment; contracts for the supply of goods and services; arbitration; insurance; patents and copyright; bailment; specialities; equitable relief in contractual and commercial matters; restitutionary claims for benefits received. Part 3 Tort: actions in tort; personal injury actions; latent; Consumer Protection Act 1987; specific torts. Part 4: equity, trusts, personal representatives and real property. Part 5: miscellaneous limitation periods; actions for a sum of money due by virtue of an enactment.
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- ID: 9781859781289
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