5Contracts and torts

5 Contracts and torts

(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued—

S. 5(1)(a) amended by Nos 9884 s. 3(a)(i)(ii), 52/2002 s. 3(1)(a)(b), 75/2005 s. 47(1).

(a) Subject to subsections (1AAA), (1AA) and (1A), actions founded on simple contract (including contract implied in law) or actions founded on tort including actions for damages for breach of a statutory duty;

(b) Actions to enforce a recognizance;

(c) Actions to enforce an award, where the submission is not by an instrument under seal;

(d) Actions to recover any sum recoverable by virtue of enactment, other than a penalty or forfeiture or sum by way of penalty or forfeiture.

S. 5(1AAA) inserted by No. 75/2005 s. 47(2).

(1AAA) An action for defamation must not be brought after the expiration of 1 year from the date of the publication of the matter complained of.

S. 5(1AAB) inserted by No. 35/2020 s. 40.

(1AAB) The 1-year limitation period referred to in subsection (1AAA) is taken to have been extended as provided by subsection (1AAC) if a concerns notice is given to the proposed defendant on a day (the notice day) within the period of 56 days before the limitation period expires.

S. 5(1AAC) inserted by No. 35/2020 s. 40.

(1AAC) The limitation period is extended for an additional period of 56 days minus any days remaining after the notice day until the 1‑year limitation period expires.

Example

Assume a concerns notice is given 7 days before the limitation period expires. This means that there are 6 days left after the notice day before the period expires. Consequently, this subsection would operate to extend the limitation period by 56 minus 6 days, that is, 50 days.

S. 5(1AAD) inserted by No. 35/2020 s. 40.

(1AAD) In subsections (1AAB) and (1AAC)—

concerns notice has the same meaning as in the Defamation Act 2005;

date of publication, in relation to the publication of matter in electronic form, means the day on which the matter was first uploaded for access or sent electronically to a recipient.

S. 5(1AA) inserted by No. 52/2002 s. 3(2).

(1AA) Subject to subsection (1A), an action for damages in respect of personal injuries must not be brought after the expiration of 3 years from the date on which the cause of action accrued.

S. 5(1A) inserted by No. 9884 s. 3(b), amended by Nos 21/1989 s. 3(a), 52/2002 s. 3(3).