Law and You > Law of Tort > Defence of Limitation Period in Tort Law

The word “Tort” is of a French origin which has been further derived from the Latin word “Tortum” meaning “to twist” and implies conduct which is tortious⁴or twisted. It is a species of civil injury or wrong. A tort is a wrongful act or an infringement of a right (other than under contract) leading to legal liability and for which civil courts award compensation. Section 2 of Limitation Act 163 defines it as ‘a civil wrong which is not exclusively the breach of contract or breach of trust’. For example, to stop or obstruct a person to perform his legal right is a tort. (Case Ashby v. White), In this article, we shall discuss the concept of tort and law of tort. In tort law, a defence is a legal justification or excuse that a defendant may raise to avoid liability for committing a tort (a wrongful act). These defences either negate the elements of the tort or justify the defendant’s actions under the circumstances. In this article, let us discuss defence of limitation period in tort law.

Different Defences in Tort Law:

In tort law, several defences are available to a defendant who is being sued for a tort. These defences can either completely absolve liability or reduce the amount of damages. Here’s a list of common defences in tort:

• Consent (Volenti Non Fit Injuria): If the plaintiff consented to the act that caused the harm, the defendant may not be liable. Consent can be express or implied.
• Self-Defence: A defendant can avoid liability by proving that the tortious act was necessary to protect themselves from harm. The force used must be reasonable and proportionate to the threat.
• Defence of Others: Similar to self-defence, a defendant may claim they acted to protect someone else from harm. Again, the force used must be reasonable.
• Defence of Property: A person is allowed to use reasonable force to protect their property. However, the force must be proportional and not excessive.
• Necessity: This defence applies when a tortious act was done to prevent greater harm to the defendant, others, or property. For example, trespassing to escape an imminent danger may be excused under necessity.
• Statutory Authority: If the defendant was acting under statutory authority (i.e., following the law or legal procedures), they may be excused from liability, even if harm resulted.
• Contributory Negligence: If the plaintiff’s own negligence contributed to their injury, they may be barred from recovering damages (in jurisdictions that still recognize contributory negligence as a complete defence).
• Comparative Negligence: Similar to contributory negligence, but in this case, damages are apportioned based on the relative fault of the plaintiff and defendant. The plaintiff’s recovery may be reduced but not entirely barred.
• Act of God (Force Majeure): A defendant may avoid liability if the harm was caused by an extraordinary natural event (such as a flood, earthquake, or storm) that was unforeseeable and unavoidable.
• Inevitable Accident: This defence asserts that the incident causing harm was unavoidable, even with reasonable care, and therefore, the defendant should not be held liable.
• Mistake: A defendant may argue that the tortious act was the result of a mistake, but this defence is generally weak unless the mistake was reasonable and unavoidable.
• Private Defence: A person may defend themselves or their property against the wrongful acts of others, provided the defence is proportionate to the threat.
• Duress: A defendant may claim they were forced to commit a tort due to the threat of harm, making their actions involuntary.
• Illegality (Ex Turpi Causa Non Oritur Actio): If the plaintiff was involved in illegal activity at the time of the tort, the defendant might avoid liability on the basis that a claim cannot arise from the plaintiff’s wrongful conduct.
• Limitation Period (Statute of Limitations): A claim in tort must be brought within a specified time period. If the plaintiff files the claim too late, the defendant can raise the limitation period as a defence.

Each of these defences has its own criteria and conditions, and their applicability depends on the jurisdiction and the specific circumstances of the case.

Limitation Period as Defence in Tort Law

In tort law, the limitation period refers to the legally prescribed time within which a claimant must initiate a lawsuit. If the claimant fails to bring a claim within this period, the defendant can raise the limitation period as a defence, effectively barring the claim. This defence is commonly called the “statute of limitations.”

Key Points on the Limitation Period as a Defence:

Purpose of Limitation Periods:

• Finality: Limitation periods ensure legal certainty by providing finality to potential claims after a certain period.
• Fairness: It protects defendants from facing claims long after the alleged wrongdoing, when evidence may have deteriorated and witnesses may no longer be available.
• Efficiency: Limitation periods encourage claimants to act diligently and prevent indefinite threats of litigation.

When the Limitation Period Begins:

Typically, the clock starts ticking from the date the tort is committed, or the date the injury or damage occurs. However, there are exceptions:

• Latent Damage: In some cases, like medical negligence or hidden property damage, the clock may not begin until the claimant discovers, or reasonably could have discovered, the injury.
• Special Circumstances: Certain categories, like minors or individuals with mental incapacity, may have the limitation period extended or paused.

Common Limitation Periods in Tort:

The specific time limits vary by jurisdiction, but common periods include:

• Personal Injury Claims: Often 2-3 years from the date of injury or when the injury was discovered.
• Property Damage: Generally 6 years in many common law jurisdictions.
• Defamation: May have a shorter limitation period, such as 1 year.

Impact of the Limitation Period:

If a claim is brought after the expiration of the limitation period, the defendant can file a motion to dismiss based on the statute of limitations. Courts are strict about enforcing limitation periods unless the law provides exceptions (e.g., fraudulent concealment by the defendant).

Extensions and Exceptions:

In some jurisdictions, courts may grant extensions in specific circumstances, like if the defendant has concealed their wrongful actions or if the claimant is unaware of their cause of action due to some latent issue.

• Equitable tolling: This doctrine may apply if the claimant, despite acting with due diligence, could not reasonably discover the basis for the claim within the prescribed period.

Example:

In a personal injury claim, suppose a person is injured in a car accident on January 1, 2020, and the limitation period for such claims in the jurisdiction is 3 years. The claimant must file the lawsuit by January 1, 2023. If they fail to do so, the defendant can raise the limitation period as a defence, and the court may dismiss the claim.

The limitation period is an essential defence for defendants and a critical consideration for claimants to avoid having their claims barred due to time constraints.

Conclusion:

The limitation period serves as a critical defence in tort law, establishing a deadline within which plaintiffs must file their claims. This doctrine is designed to promote legal certainty, encourage timely resolution of disputes, and protect defendants from the prolonged threat of litigation. By setting clear timeframes, limitation periods help ensure that evidence remains fresh and witnesses are available, thereby supporting fair trials.

Typically, the period varies depending on the nature of the claim, with many jurisdictions allowing a set number of years from the date of the injury or the discovery of harm. If a plaintiff fails to initiate legal action within this timeframe, the defendant can assert the limitation period as a defense, leading to the dismissal of the claim.

While limitation periods serve important functions, they also raise concerns about access to justice. In some cases, plaintiffs may face genuine obstacles in bringing their claims within the specified timeframe, such as trauma or lack of awareness of their legal rights. Courts may occasionally allow exceptions for equitable reasons, such as in cases of fraud or concealment.

Ultimately, the limitation period reflects a balance between the need for legal finality and the pursuit of justice, emphasizing the importance of timely action in tort claims.

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