The Impact of Limitation Periods on Actionability in Negligence
AbstractThe statutes dealing with limitations of actions with respect to negligence raise several problems - the commencement of the running of time, the problem of belated discovery, and the problem of whether the plaintiff is entitled to amend his action to include claims for others types of loss where the application for amendment is out of time. The author analyses how the courts have dealt with these problems and concludes that the statutes, as they presently exist, overly protect the defendant. He suggests that legislative change is necessary to give more consideration to the plaintiff in order to do optimum justice to all concerned.
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