A plaintiff who is claiming damages for personal injury in an action for negligence, trespass, nuisance or breach of duty may apply to have the limitation period extended. The plaintiff must show that:
* a material fact of a decisive character relating to the right of action was not within the plaintiff’s means of knowledge until some time after the commencement of the final year of the limitation period specified by the Act;
and
* there is evidence to establish the right of action apart from a defence based on the expiration of the limitation period.
“Material facts” include:
* the occurrence of negligence, trespass, nuisance or breach of duty on which the right of action is founded;
* the identity of the person against whom the right ofaction lies;
* the fact that the negligence, trespass, nuisance or breach of duty caused personal injury;
*the nature and extent of the personal injury caused by the negligence,
2007-03-29
14:36:33
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6 answers
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asked by
The Boss
2