Limitation Act 1980

[Mr Kangaroo]

Hi, Can anybody help explain the Limitation Act 1980 because in simple contracts it says;
"An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

The confusion here is whether or not 'the date on which the cause of action accrued' applies to when the contract was taken/signed or 'since I became aware of the problem/there is a problem'.

Please help.

Many thanks

[charitynjw]

Re: Limitation Act 1980

Hi Mr Kangaroo

It would be an objective test, that is, when a *'reasonable person' would have known of the problem.

*(Sometimes referred to as "the man on the Clapham omnibus")

[Mr Kangaroo]

Re: Limitation Act 1980

Hi charitynjw,

Thank you ever so much.

Kind regards,

Mr. Kangaroo

[Nibbler]

Re: Limitation Act 1980

Halsbury:

Apart from any special provision, a cause of action normally accrues when there is in existence a person who can sue and another who can be sued, and when there are present all the facts which are material to be proved to entitle the claimant to succeed.