Limitation Act 1939
The Limitation Act 1939 (2 & 3 Geo.6 c.21) was an Act of the Parliament of the United Kingdom that simplified the law relating to limitation periods in England & Wales. The Act was based on the fifth report of the Law Revision Committee and is divided into 3 parts, with Part I dealing with limitation periods, Part II dealing with exceptions and Part III dealing with general matters.[2]
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| Citation | c.21 |
|---|---|
| Dates | |
| Royal assent | [1] 25 May 1939 |
| Commencement | 1 July 1940 |
| Other legislation | |
| Repealed by | Limitation Act 1980 |
Status: Repealed | |
Section 2 of Part I introduces a new limitation period; six years for all cases in tort and contract. The period runs from the point where the injury or problem was created, not from when it was discovered; thus, the Act replicates problems later solved by the Limitation Act 1963. Part II allows for a "resetting" of the limitation period in situations where the party is insane, not a legal adult or imprisoned for either the death penalty or for penal servitude.[3]
References
- "Royal Assent (Hansard, 25 May 1939)". Hansard. 25 May 1939. Retrieved 2009-10-23.
- Unger (1940) p.45
- Unger (1940) p.46
Bibliography
- Unger, J (1940). "Limitation Act, 1939". Modern Law Review. Blackwell Publishing. 4 (1): 45–50. doi:10.1111/j.1468-2230.1940.tb02730.x. ISSN 0026-7961.