O'Donnell v. Kilsaran Concrete Ltd. [2001] IEHC 155; [2002] 1 ILRM 551 (2nd November, 2001)

O'Donnell v. Kilsaran Concrete Ltd. [2001] IEHC 155; [2002] 1 ILRM 551 (2nd November, 2001)

The cause of action in contract accrued at the time of breach (1988) and is time barred. The cause of action in tort accrued when actual damage (cracking due to iron pyrites) occurred, which was found to be of recent origin (1998), thus the tort claim is not time barred.

Citation
[2001] IEHC 155
Parties
Plaintiffs: Plaintiffs; Defendant: Second Named Defendant; Defendant: First Named Defendant; Third Party (supplier, Not a Direct Party): Spollen Concrete Limited
Jurisdiction
Ireland
Procedural Posture
Trial of a Point of Law Prior to Trial / Preliminary Determination on Statute of Limitations
Outcome
Plaintiffs' contract claim is time barred; tort claim is not time barred.
Legal Topics
Statute of Limitations, Negligence, Breach of Contract, Latent Defects, Economic Loss
Contract Law Tort Law Civil Procedure Statute of Limitations Negligence Breach of Contract Latent Defects Economic Loss

Case Brief

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Parties

Plaintiffs

Plaintiffs

Second Named Defendant

Defendant

First Named Defendant

Defendant

Spollen Concrete Limited

Third Party (supplier, Not a Direct Party)

Procedural Posture

Trial of a Point of Law Prior to Trial / Preliminary Determination on Statute of Limitations

Legal Issues

  1. 1 Whether the plaintiffs' claims in contract and/or tort are time barred under the Statute of Limitations
  2. 2 When the cause of action accrued for the purposes of limitation periods in contract and tort

Ratio Decidendi

The cause of action in contract accrued at the time of breach (1988) and is time barred. The cause of action in tort accrued when actual damage (cracking due to iron pyrites) occurred, which was found to be of recent origin (1998), thus the tort claim is not time barred.

Court Disposition

Plaintiffs' contract claim is time barred; tort claim is not time barred.

Orders

  • The cause of action in contract is statute barred.
  • The cause of action in tort is not statute barred and may proceed.