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 three parts, with Part I dealing with limitation periods, Part II dealing with exceptions and Part III dealing with general matters.[2]
| Act of Parliament | |
 | |
| Long title | An Act to consolidate with amendments certain enactments relating to the limitation of actions and arbitrations. |
|---|---|
| Citation | 2 & 3 Geo. 6. c. 21 |
| Territorial extent | England & Wales |
| Dates | |
| Royal assent | 25 May 1939[1] |
| 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| Repealed by | Limitation Act 1980 |
Status: Repealed | |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 edit
- ^ "Royal Assent". Parliamentary Debates (Hansard). 25 May 1939. Retrieved 23 October 2009.
- ^ Unger (1940), p. 45.
- ^ Unger (1940), p. 46.
Bibliography edit
- Unger, J. (1940). "Limitation Act, 1939". Modern Law Review. 4 (1). Blackwell Publishing: 45–50. doi:10.1111/j.1468-2230.1940.tb02730.x. ISSN 0026-7961.