Limitation Act 1939
Encyclopedia
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.
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.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that simplified the law relating to limitation periods
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
in England & Wales. The Act was based on the fifth report of the Law Revision Committee
Law Commission (England and Wales)
In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...
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.
Section 2 of Part I introduces a new limitation period; six years for all cases in tort
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
and contract
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
. 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
Limitation Act 1963
The Limitation Act 1963 was an Act of the Parliament of the United Kingdom that amended the statute of limitations to allow actions in some cases where the injured party had not discovered the injury until after the standard date of expiration...
. 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.