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4. Recent reports by other law reform agencies
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4. Recent reports by
other law reform agencies
4.1 Limitation of actions has been investigated by several law reform
bodies.[7]
4.2 The following recommendations are popular:
- Provision is made for a core regime, but other enactments outside the core
regime are allowed;
- Special provision is not made for public authorities;
- Provision is made for two prescription periods-
- a primary prescription period, two or three years long, starting from the
date when the claimant became aware or could reasonably have become aware of
details of a claim and the defendant;
- a long stop or ultimate prescription period, usually ten years long,
starting from the date of the accrual of an action and which comes into
operation even if the primary period has not expired;
- It is allowable to contract out of the core regime or modify it by agreement
(occasionally subject to unfair contract legislation);
- The court is occasionally allowed a discretion to extend the prescription
periods (this discretion is sometimes limited to claims in respect of personal
injuries, childhood sexual abuse, or domestic abuse);
- Special rules apply to minors, adult disability, cases of fraud or where the
defendant has dishonestly concealed relevant facts;
- Special provision is made occasionally for apportionment of damages,
contractual contribution or indemnity and for some maritime claims and
taxes.
[7] See eg the United Kingdom
report, the Western Australia report, the Queensland report, the British
Columbia Law Institute The ultimate limitation period: Updating the
Limitation Act Report No 19 Vancouver: July 2002, as published at
www.bcli.org, and publications referred to in these reports.
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