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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 three 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.

Provisions

Repealed enactments

Section 34(4) of the act repealed 21 enactments, listed in the schedule to the act.

Subsequent developments

The whole act was repealed by section 40(3) of, and schedule 4 to, the Limitation Act 1980, which came into force on 1 May 1981.

Notes

References

Bibliography