1-20 of 53 Results

  • Keyword: limitation x
Clear all

Chapter

Cover Essential Cases: Land Law

JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Cases & Materials on International Law

7. Sovereignty over Territory  

Sovereignty is one of the fundamental concepts in international law. It is an integral part of the principles of equality of States, territorial integrity and political independence that are referred to in Article 2 of the United Nations Charter. Sovereignty is crucial to the exercise of powers by a State over both its territory and the people living in that territory. This chapter discusses traditional means of acquisition of territory; effective occupation; consent by other States; and limitations on sovereignty over territory.

Chapter

Cover Tort Law Concentrate

16. Defences and limitation  

This chapter first discusses the defence of contributory negligence, voluntary assumption of risk, and illegality. Contributory negligence occurs when the claimant has contributed to his own damage, and permits damages to be apportioned according to what is just and equitable. Voluntary assumption of risk is a complete defence, on the basis that the claimant freely agreed to run the risk of damage. Illegality is a complete defence, on the grounds that the law will not reward or appear to condone an illegal act. The chapter then turns to limitation periods, which restrict the amount of time within which legal actions must be commenced. The main statute is the Limitation Act 1980.

Chapter

Cover Markesinis & Deakin's Tort Law

12. Trespass to Land  

This chapter discusses trespass to land and defences. Trespass can be committed in various ways, provided that the interference is direct and immediate. The boundary between trespass and other torts, particularly nuisance, is sometimes difficult to draw. Entry on to land is simply the most obvious example of trespass, but other examples include: placing things on land or inducing animals to enter. The Limitation Act 1623, section 5 provides that if the defendant pleads disclaimer of title to the land and if ‘the trespass was by negligence or involuntary’ and he makes a tender of sufficient amends, action against him shall be barred. The claimant’s consent is always a defence to an action in trespass, in the sense that it constitutes ‘leave and licence’.

Chapter

Cover Tort Law

21. Damages for death and personal injuries  

This chapter examines various issues in relation to damages in tort, beginning by looking at the principles that lie behind damages awards. The primary object of the law is to compensate those who have been harmed by another’s wrongdoing by making an award that seeks to put the claimant into the position that they would have been in had the harm not occurred. The chapter discusses the calculation and forms of damage payments, and special and general damages; independent, joint and several concurrent liabilities; time limitations on claims; the problem with damages; and debunking the compensation culture myth.

Chapter

Cover Pearce & Stevens' Trusts and Equitable Obligations

36. Limitation of action  

This chapter considers the defence of limitation in regard to an action for compensation for breach of trust, which are governed by the Limitation Act 1980. Actions normally have to be brought within a six-year limitation period, though there are exceptions such as fraud, where no limitation period is imposed. The related doctrine of laches (unreasonable delay) is also explored. It also considers those provisions as they apply to actions against fiduciaries who have received an unauthorized profit, which has proved more difficult because the legislation does not make any express provision for such claims. A failed attempt at legislative reform of the operation of limitation periods by the Law Commission is also explored.

Chapter

Cover Tort Law

8. Limitation and Contribution  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the principles of contribution and their effect on the remedies that can be obtained by a successful claimant, as well as the statutory rules of ‘limitation’ that govern the time-barring of claims. The liability of more than one party for ‘the same damage’ is discussed, together with the apportionment of responsibility for the damage. Relevant provisions found in the Civil Liability (Contribution) Act 1978 and the Limitation Act 1980 are also considered.

Chapter

Cover Tort Law

21. Damages for death and personal injuries  

This chapter examines various issues in relation to damages in tort, beginning by looking at the principles that lie behind damages awards. The primary object of the law is to compensate those who have been harmed by another’s wrongdoing by making an award that seeks to put the claimant into the position that they would have been in had the harm not occurred. The chapter discusses the calculation and forms of damage payments, and special and general damages; independent, joint and several concurrent liabilities; time limitations on claims; the problem with damages; and debunking the compensation culture myth.

Chapter

Cover Concentrate Questions and Answers Contract Law

13. Privity of Contract  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter explores the privity of contract. Traditionally the doctrine of privity of contract regards contract as based upon agreement and consequently only the parties to that agreement can enforce it. This chapter discusses common law limitations to the doctrine of privity; common law attempts to evade privity; and statutory developments. It covers the Contracts (Rights of Third Parties) Act 1999, including the freedom given to the contracting parties to exclude the provisions of the Act, or to set out procedures for post-contractual variation of arrangements that avoid the need to obtain the third party’s consent.

Chapter

Cover A Practical Approach to Civil Procedure

21. Limitation  

This chapter discusses the rules on limitation. The expiry of a limitation period provides a defendant with a complete defence to a claim. Limitation is a procedural defence. It will not be taken by the court of its own motion, but must be specifically set out in the defence. Limitation runs from accrual, which is when all the necessary elements for the cause of action are in existence. Technically, time runs from the day after the accident or breach, and stops running when the claim is brought. This is when the claimant has done everything they can to issue the claim form. Time does not run if the claimant is under disability, and in cases of fraud, mistake, and concealment. In personal injury and latent damage claims time will not start running until the claimant has the requisite ‘knowledge’, and there is a discretion to disapply limitation in personal injury claims.

Chapter

Cover Thompson's Modern Land Law

6. Adverse Possession  

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This is not true, however, under the Land Registration Act 2002, and so this chapter deals with 1) the question of how adverse possession is established in all cases, and 2) the question of the effect of an adverse possession claim in both the unregistered and registered systems.

Chapter

Cover International Human Rights Law

20. Freedom of expression  

This chapter examines freedom of expression in international human rights law. It discusses the freedom of the press and media; overlap with other rights (correspondence, privacy, and association); and some of the permissible exceptions to freedom of expression. Freedom of expression is more complex than perhaps first appears. There are many situations in which law is engaged to ensure an appropriate balance is struck between competing claims. There are also diverse views on the appropriateness of limiting the exercise of the freedom. The chapter concludes that the scope of the freedom of expression is still evolving and that international bodies are struggling with the challenges of the information technology age.

Chapter

Cover Street on Torts

8. Defences to negligence  

This chapter examines several defences in negligence cases, including contributory negligence (failing to take care of your own interests), voluntary assumption of risk, express exclusion or limitation of liability, and illegality (a plea by the defendant that the claimant should not be able to make a claim because the claim requires reference to the claimant’s own illegal acts). It explains that the plea of voluntary assumption of risk and the defences of express exclusion of liability and illegality can help the defendant reduce liability or avoid liability altogether. The chapter notes that contributory negligence is by far the most important of these defences in practical terms.

Chapter

Cover Complete Equity and Trusts

14. Breach of trust  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on breach of trust discusses the following: the trustees’ duty of care; the fiduciary nature of trusteeship; the nature of equitable compensation; reasonable care and skill the liability of individual trustees; the criminal liability of trustees; the protection of trustees; trustee exemption clauses; section 61 Trustee Act 1925 and the court’s power to excuse the liability of trustees for breach of trust; when the statutory period of limitation applies; and the equitable doctrine of laches.

Chapter

Cover The Law of Trusts

15. Third party liability for breach of trust and fiduciary obligations  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter considers third party liability for breach of trust and fiduciary obligation. It begins by considering third party liability for procuring a breach of trust, followed by third party liability for assisting a breach of trust, and the relevant remedies. Next, it considers remedies for knowing receipt and knowing dealing, the conditions of liability, and the relevant remedies. Finally, issues pertaining to limitation of actions are considered, as well as third party liability for breach of fiduciary obligation.

Chapter

Cover A Practical Approach to Civil Procedure

17. Costs Capping and Protection  

Costs capping orders limit the amount of costs a party may be ordered to pay to its opponent. This chapter will consider the general rules governing costs capping in CPR, Part 3. When it comes into force, there will be a parallel statutory costs capping scheme for judicial review claims in the Criminal Justice and Courts Act 2015, ss 88 and 89. In addition, there are a number of judge-made costs protection orders, namely: Beddoe orders; protective costs orders; Aarhus Convention cases; and costs limitation orders.

Chapter

Cover Cassese's International Criminal Law

17. Legal impediments to the exercise of criminal jurisdiction  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

This chapter discusses the obstacles that may hamper or jeopardize criminal proceedings for international crimes. These include rules granting amnesty for broad categories of crimes; statutes of limitation; the prohibition of double jeopardy (the principle of ne bis idem), whereby a person may not be brought to trial twice for the same offence; and international rules on personal immunities.

Chapter

Cover Holyoak and Torremans Intellectual Property Law

16. Defences to copyright infringement  

This chapter discusses defences to copyright infringement. It covers authorization or consent of the owner; public interest; the Copyright and Rights in Performances (Disability) Regulations 2014; the making of temporary copies; fair dealing; incidental inclusion; educational use; exception for libraries, archives, and public administration; the Information Society Directive; and orphan works.

Chapter

Cover Essential Cases: Contract Law

George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803. The document also includes supporting commentary from author Nicola Jackson.