LIMITATION: THE IMPACT OF THE 1986 LATENT DAMAGE ACT

Abstract

This article aims to provide both a broad introduction to the law regarding ‘limitation’ and in particular to assess the impact of The Latent Damage Act 1986. Limitation is, broadly speaking, the area of law concerned with the time limits imposed upon those wishing to bring a legal action. The Act was passed to remedy certain injustices that occurred in situations where damage suffered was not immediately apparent or identifiable: in other words, where the damage that occurred was ‘latent’ and not ‘patent’. Before the Act came into force a plaintiff could have rights of action against a negligent builder, contractor or adviser, before he even knew of these rights. Equally, there was uncertainty as to the period for which a defendant could be held liable for negligence.

Citation

Hatfield, B. (1989), "LIMITATION: THE IMPACT OF THE 1986 LATENT DAMAGE ACT", Facilities, Vol. 7 No. 7, pp. 12-13. https://doi.org/10.1108/eb006498