
Published online:
20 June 2024
Published in print:
25 April 2024
Online ISBN:
9780191993954
Print ISBN:
9780198885320
Contents
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1. Time Bars 1. Time Bars
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2. Limitation Periods 2. Limitation Periods
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(A) Reversal of the Defendant’s Unjust Enrichment (A) Reversal of the Defendant’s Unjust Enrichment
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(i) The Usual Limitation Period (i) The Usual Limitation Period
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(ii) Qualification of the General Limitation Period for Particular Restitutionary Claims (ii) Qualification of the General Limitation Period for Particular Restitutionary Claims
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(1) Claims in Equity (1) Claims in Equity
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(2) Contribution (2) Contribution
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(3) Salvage (3) Salvage
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(iii) The Determination of When Time Starts to Run (iii) The Determination of When Time Starts to Run
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(1) Claimant Subject to Incapacity (1) Claimant Subject to Incapacity
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(2) Claim Founded on Fraud or Mistake (2) Claim Founded on Fraud or Mistake
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(3) Recovery of Debts or Other Liquidated Pecuniary Claims (3) Recovery of Debts or Other Liquidated Pecuniary Claims
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(iv) Should a Different General Limitation Period Be Recognized? (iv) Should a Different General Limitation Period Be Recognized?
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(B) Restitution for Wrongs (B) Restitution for Wrongs
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(i) Restitutionary Claims Founded on the Commission of Tort or Breach of Contract (i) Restitutionary Claims Founded on the Commission of Tort or Breach of Contract
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(ii) Restitutionary Claims Founded on Equitable Wrongs (ii) Restitutionary Claims Founded on Equitable Wrongs
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(C) Vindication of Proprietary Rights (C) Vindication of Proprietary Rights
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(i) Land (i) Land
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(ii) Recovery of Stolen Chattels (ii) Recovery of Stolen Chattels
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(iii) Equitable Proprietary Claims (iii) Equitable Proprietary Claims
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3. Laches 3. Laches
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(A) The Function of the Laches Defence (A) The Function of the Laches Defence
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(B) Establishing Laches (B) Establishing Laches
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4. Reform of the Law on Limitation Periods 4. Reform of the Law on Limitation Periods
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Chapter
29 Limitation Periods and Laches
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Pages
821–832
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Published:April 2024
Cite
Virgo, Graham, 'Limitation Periods and Laches', The Principles of the Law of Restitution, 4th edn (Oxford , 2024; online edn, Oxford Academic, 20 June 2024), https://doi.org/10.1093/oso/9780198885320.003.0029, accessed 4 May 2025.
Abstract
This final chapter first considers the operation of limitation periods as a general defence to different types of restitutionary claim. The important question of from when time to bring a claim starts to run is assessed and the significance of a claim being founded on mistake or fraud is then analysed. Particular issues relating to restitution for wrongs and proprietary restitutionary claims are also analysed. The chapter then considers the role of the equitable defence of laches, the function of the laches defence, and when it might be applicable. Finally, the chapter considers the reform of the law on limitation.
Keywords:
limitation, general defence, mistake, fraud, restitution for wrongs, proprietary restitutionary claims, laches
Subject
Civil Law
Collection:
Oxford Scholarship Online
The Principles of the Law of Restitution. Fourth Edition. Graham Virgo, Oxford University Press. © Graham Virgo 2024. DOI: 10.1093/oso/9780198885320.003.0029
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