- latent damage
damage that is not immediately obvious. The phenomenon is important in relation to tort and delict and, indeed, contract, where a loss is suffered some time after the conduct or omission (or breach of contract) that brings it about. It is important because although in theory once there is damage in breach of duty there is liability; in the case of latent damage, the period of time between the defendant's conduct and the damage may be so long that justice suggests that the plaintiff should be relieved. Accordingly, the issue becomes one of prescription or limitation.In relation to personal injuries in both England and Scotland, the three-year limitation does not begin to run until it can be said that the plaintiff had real and sufficient knowledge (as defined separately and in detail in both jurisdictions) that he had a legal claim for injuries. See Limitation Act 198 0 (as amended); Prescriptions and Limitation (Scotland) Act 1973 (as amended).So far as claims that are not for personal injuries are concerned (that is, cases for damage to property or economic losses) there are important differences between England and Scotland. In England the period is six years. The Latent Damage Act 1986 amended the principal Act to apply a time limited of six years from the date when the action accrued (perhaps the day when a chimney begins to crack) or three years from the time when the plaintiff knew or ought to have known about the damage (perhaps the day when smoke stopped coming out of the chimney or parts of the chimney began to fall into the garden), whichever is the later. There is, however, a 'long-stop' period of 15 years from the breach of duty to prevent very stale claims coming to court.In Scotland, the general period in question is five years. Scots law does incorporate a provision for discoverability and a long-stop of 20 years.In both England and Scotland the long-stop period in respect of claims relating to damage caused by defective products in terms of the Consumer Protection Act 1987 is only ten years.
Collins dictionary of law. W. J. Stewart. 2001.
См. также в других словарях:
damage — dam·age 1 n [Old French, from dam injury, harm, from Latin damnum financial loss, fine] 1: loss or harm resulting from injury to person, property, or reputation 2 pl: the money awarded to a party in a civil suit as reparation for the loss or… … Law dictionary
Latent defect — In the law of the sale of property (both real estate and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale. The general law of the… … Wikipedia
List of Terminator: The Sarah Connor Chronicles episodes — The Complete First and Second Season DVD covers Terminator: The Sarah Connor Chronicles is a science fiction … Wikipedia
Donald Calne — Born Donald Brian Calne May 4, 1936 (1936 05 04) (age 75) London, England Residence … Wikipedia
List of Acts of Parliament of the United Kingdom Parliament, 1980-1999 — This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1980 1999. For acts passed prior to 1707 see List of Acts of Parliament of the English Parliament and List of Acts of Parliament of the Scottish… … Wikipedia
prescription — pre·scrip·tion /pri skrip shən/ n [partly from Middle French prescription establishment of a claim, from Late Latin praescription praescriptio, from Latin, act of writing at the beginning, order, from praescribere to write at the beginning,… … Law dictionary
List of Acts of the Parliament of the United Kingdom, 1980–1999 — UK Legislation Acts of Parliament by states preceding the United Kingdom Of the Kingdom of England Before 1485 1485–1601 · 1603–1641 Interregnum (1642–1660) 1660–1699 · 1700–1706 … Wikipedia
limitation of actions — Statutory rules limiting the time within which civil actions can be brought. Actions in simple contract and tort must be brought within six years of the cause of action. There are several special rules, including that for strict liability actions … Big dictionary of business and management
LTBP1 (gene) — Latent transforming growth factor beta binding protein 1, also known as LTBP1, is a human gene.cite web | title = Entrez Gene: LTBP1 latent transforming growth factor beta binding protein 1| url = http://www.ncbi.nlm.nih.gov/sites/entrez?Db=gene… … Wikipedia
Toxoplasmosis — Classification and external resources T. gondii tachyzoites ICD 10 B58 … Wikipedia