Civil Practice – Questions and Answers

Question 1

(1) Limitation is the creation of statute.
True
FALSE

Answer 1

TRUE

Question 2

2) Common law did not provide for any limit on period in which claims might be brought,
TRUE OR FALSE

Answer 2

TRUE

Question 3

(3) Equity introduced a degree of control by doctrine of laches.

Answer 3

TRUE

Question 5

(4) Principal legislation governing limitation is Statute of Limitations.

Answer 5

TRUE

Question 6

(5) The 1957 Act was amended by Statute of Limitations (amendment ) Act 1991 and Statute of Limitations (amendment) Act 2000

Question 7

(6) Legislation does not provide for actions which seek equitable remedies.

Question 8

(7) Doctrine of laches applies to actions seeking purely equitable remedies

Question 9

(8) Day on which cause of action accrued is to be used in computing limitation period.

Question 10

(10) Which of following is true.
Limitation is founded on public policy –
it dictates that parties to litigation should have some certainty as to their position –
prospective defendants should not be subject to claims remaining outstanding for long periods of time –
long periods of time between accrual of action and trial detrimental effect on memory of witnesses so long delay can prejudice a just and efficient outcome

Answer 10

ALL

Question 11

(11) Limitation bars not the right but the remedy – list two important consequences of this.
Limitation must be pleaded as specific defence – Where limitation period expired plaintiff free to pursue/enforce his right by other means – example the expiry of limitation period does not extinguish debt it only extinguishes plaintiff means to recover by court action.

Answer 11

Limitation must be pleaded as specific defence –
Where limitation period expired plaintiff free to pursue/enforce his right by other means – example the expiry of limitation period does not extinguish debt it only extinguishes plaintiff means to recover by court action.

Question 12

(12) Explain what is meant by appropriation of debt.

Answer 12

Where Defendant owes plaintiff two separate debts – one statute barred the other not and pays some of money due without specifying that paid in satisfaction of non-statute barred debt then plaintiff entitled to appropriate that money as payment for statute barred debt.

Question 13

(13) What Act provides for appropriation of debt.

Answer 13

Section 69 Statute of Limitations 1957

Question 14

(14) What is authority for dismissal of plaintiffs claim on grounds of inordinate inexcusable delay

Answer 14

McNamee v Boyce [2017]

Question 15

(15) When does the time start to run for purposes of limitation

Answer 15

On accrual of the cause of action or in certain circumstances the date of knowledge of cause of action.

Question 16

(16) When does time cease to run.
Once proceedings commenced. – issue of originating process.

Answer 16

Once proceedings commenced. – issue of originating process.

Question 17

(17) S. 48 of 1957 Act lists persons who are considered to be under disability – list them.
Infants – persons of unsound mind – convicts

Answer 17

Infants – persons of unsound mind – convicts

Question 18

(18) What statute provides for persons under disability on day cause of action accrued action may be brought outside limitation period at any time before expiration of 6 years – 2 in personal injuries -when person recovered from disability.
Section 49 (1) of 1957 Act

Answer 18

Section 49 (1) of 1957 Act

Question 19

(19) What statute makes exception for cases of sexual abuse committed on plaintiff not yet of full age or cases where claim for negligence/breach of duty against person who was not abuser

Answer 19

The Statute of Limitations (Amendment) Act 2000

Question 20

(21) What is authority that day on which cause of action accrued is to be included in computing limitation periods

Answer 20

McGuinnes v Armstrong Patents Ltd. [1980]

Question 21

(22) What is statutory period for claiming non-fraudulent breach of trust.

Answer 21

6 years

Question 22

(1) When does cause of action accrue in contract

Answer 22

On date of breach

Question 23

(2) What is effect of s.56 of Statute of Limitation Act re contracts

Answer 23

It extends the primary limitation period in debt cases where debtor acknowledges the debt.