limitation of actions


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limitation of actions

n. the period of time in which a person has to file with the clerk of the court or appropriate agency what he/she/it believes is a valid lawsuit or claim. The period varies greatly depending on what type of case is involved, whether the suit is against the government, whether it is by a minor, and most importantly, in what state or federal jurisdiction the right to sue arose. This is more commonly called the Statute of Limitations, which are specific periods for various claims in each state. (See: Statute of Limitations)

References in periodicals archive ?
The law was then changed with the passage of the Limitation Act 1939, which adopted the equitable principles into the hitherto strict rules regarding limitation of actions.
The relevant parts of section 27 of the Victorian Limitation of Actions Act 1958 are as follows:
Section 5 of the Limitation Act 1985 (ACT) expressly prohibits limitation of actions in relation to land, stating that:
195) Third, if the Registrar is satisfied that the caveator has an interest in the land that has not been extinguished under the Limitation of Actions Act 1974 (Qld), then the Registrar can refuse to register the applicant as owner, instead registering the applicant as having a lesser interest.
BC Limitation Act, supra note 20, s 6; Alberta Limitations Act, supra note 22, s 3(1)(b); Manitoba Limitation of Actions Act, supra note 22, s14; Ontario Limitations Act, supra note 22, Schedule B, s 5; Nova Scotia Limitation of Actions Act, RSN 1989, c 258, s 2(5)(a) [Nova Scotia Limitation of Actions Act]; NB Limitation of Actions Act, supra note 31, s 5.
Nova Scotia Limitation of Actions Act, supra note 36, ss 2(l)(a), (5).
Some teachers use the following grading structure to encourage students to turn in their assignments early in the semester instead of waiting until the last minute, exactly the effect we are aiming for in the limitation of actions context.
My proposal, of course, does not fix all of the problems that make limitation of actions law so dysfunctional.
She agreed with the trial judge that the provision of medical legal reports did not fall within the wording of the old section 55 of the Limitation of Actions Act.
1 The Court of Appeal Majority: Section 5(1A) Applies to Insidious Diseases Only 2 The High Court: Unambiguous Language 3 PTSD as a 'Disease or Disorder': Taking PTSD Seriously III The Current Position in Victoria: The Ipp Report and Subsequent Amendments to the Limitation of Actions Act 1958 (Vic) A The Ipp 'Reforms' in Victoria B Evaluation of the Ipp 'Reforms' in Victoria 1 The 12-Year Long-Stop Period: A Step Backwards for Survivors in Victoria 2 The Problem with Leaving the Extension of Time up to the Court's Discretion: The Story of Joanne McGuinness IV The Position in Other Australian States and Territories V The Need for Change: Towards the Abolition of the Time Bar VI Conclusion
While I cannot do justice to all the interesting and innovative material in this book, the treatment of child sexual abuse and limitation of actions legislation warrants singling out.