Public Servs. Cttee. v Maynard [1996] JLR 343 (11 December 1996)

Public Servs. Cttee. v Maynard [1996] JLR 343 (11 December 1996)

The limitation period is suspended in cases of latent injury where the plaintiff could not have known of the injury, and the maxim contra non valentem agere nulla currit praescriptio applies to both contract and tort actions.

Citation
[1996] JLR 343
Parties
Plaintiff: Public Services Committee; Defendant: Maynard
Jurisdiction
Jersey
Judgment Date
11 December 1996
Procedural Posture
Limitation of Actions / Appellate
Outcome
Limitation period suspended in cases of latent injury; maxim applies to contract and tort.
Legal Topics
Limitation Period, Latent Damage, Prescription, Contract, Tort
Civil Procedure Limitation Period Latent Damage Prescription Contract Tort

Case Brief

Summary, issues, holding and outcome

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Parties

Public Services Committee

Plaintiff

Maynard

Defendant

Procedural Posture

Limitation of Actions / Appellate

Legal Issues

  1. 1 Whether the limitation period is suspended in cases of latent injury where the plaintiff could not have known of the injury
  2. 2 Whether the maxim contra non valentem agere nulla currit praescriptio applies to contract and tort actions

Ratio Decidendi

The limitation period is suspended in cases of latent injury where the plaintiff could not have known of the injury, and the maxim contra non valentem agere nulla currit praescriptio applies to both contract and tort actions.

Court Disposition

Limitation period suspended in cases of latent injury; maxim applies to contract and tort.