Short Title: | Limitation Act 1939 |
Type: | Act |
Parliament: | Parliament of the United Kingdom |
Long Title: | An Act to consolidate with amendments certain enactments relating to the limitation of actions and arbitrations. |
Year: | 1939 |
Citation: | 2 & 3 Geo. 6. c. 21 |
Territorial Extent: | England & Wales |
Royal Assent: | 25 May 1939[1] |
Commencement: | 1 July 1940 |
Repealing Legislation: | Limitation Act 1980 |
Status: | repealed |
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.