LIMITATION (AMENDMENT) ACT 2018

C bought a house from D in 2000. In 2010, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2002, two years after C moved into the house. C has three years from 2010 to file an action in court against D for damages.

C bought a house from D in 2000. In 2006, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2002, two years after C moved into the house. C has three years from 2006 to file an action in court against D for damages.

C bought a house from D in 2000. In 2005, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2002, two years after C moved into the house. C has three years from 2005 to file an action in court against D for damages.

“starting date” means the earliest date on which the plaintiff or any person in whom the cause of action was vested before him first had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such action;

Limitation (Amendment)

“knowledge required for bringing an action for damages in respect of the relevant damage” means knowledge of—

the material facts about the damage in respect of which damages are claimed;

that the damage was attributable in whole or in part to that act or omission which is alleged to constitute negligence;

the identity of the defendant; and

if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant, and

from facts observable or ascertainable by him; or

from facts ascertainable by him with the help of appropriate expert advice which is reasonable for him to seek, but the plaintiff or the person in whom the cause of action was vested before him shall not be limited under this subparagraph to knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain and, where appropriate, to act on that advice.

In 1987, D constructs a building in such a way that he is liable in the tort of negligence to P, the owner. Actual damage occurs, triggering the cause of action, in 1988. The damage becomes discoverable in 1992, but in 1989 P becomes mentally incapable, and does not regain his capacity until 1993. P has three years from 1993 to file an action in court against D for damages.

In 1987, D constructs a building in such a way that he is liable in the tort of negligence to P, the owner. Actual damage occurs, triggering the cause of action, in 1988. The damage becomes discoverable in 1992, but in 1989 P becomes mentally incapable, and does not regain his capacity until 2004. P cannot commence an action because the fifteen-year limitation period has been exceeded.

Explanation—

Illustration (a) is for the situation where an action may be brought within three years from the date a person under a disability ceased to be under the disability.

Illustration (b) is for the situation where an action cannot be brought after the expiration of fifteen years from the date on which the cause of action accrued.

Limitation (Amendment)