Chapter 3

Question 1

What is a cause of action?

Answer 1

The fact or facts that gives a person a right to seek a legal remedy.

Question 2

What is a concurrent claim?

Answer 2

Where a claim rises in tort and contract.

Question 3

Give an example of a cause of action in both contract and tort.

Answer 3

A faulty item is sold to a customer and causes them harm. This has breached the consumer rights act and negligent in tort due to faulty workmanship.

Question 4

What is the reasons for their being a limitation of actions?

Answer 4

1. Protect the defendant from injustice facing a really old claim.
2. Ensures claims are dealt with in a specific time period.
3. Adheres to the overriding objective.

Question 5

Which statute sets out the time limits between the cause in action and the commencement of litigation?

Answer 5

Limitation Act 1980.

Question 6

What is the limitation period for contract?

Answer 6

6 years from the date the contract was breached.

Question 7

What is the limitation period for personal injury?

Answer 7

3 years from the date of injury.

Question 8

What is the limitation period for claims under the consumer protection act 1987?

Answer 8

10 years.

Question 9

What is the limitation period for non personal injury claims in tort?

Answer 9

6 years.

Question 10

What is the limitation period for the fatal accidents act 1976?

Answer 10

3 years.

Question 11

If a person does not know at the time the personal injury was significant or negligent, what can they rely on?

Answer 11

S11 limitation act 1980. This states if they do not have knowledge the 3 years will not start until they have knowledge of the injury or negligence.