Jersey Judgment

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

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Professional case brief

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Source document

01

Holding and result

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.

02

Material facts

Parties

Public Services Committee

Plaintiff

Maynard

Defendant

03

Procedural history

  1. Posture

    Limitation of Actions / Appellate

04

Questions and positions

Legal issues

Party arguments

Applicant
Plaintiff argued that the limitation period should be suspended due to latent injury (asbestosis) which could not have been known.
Respondent
Defendant contended that mere ignorance of the condition is insufficient to suspend the limitation period.

05

Court’s reasoning

  1. 01

    maxim contra non valentem agere nulla currit praescriptio

    Limitation period may be suspended against a plaintiff with latent injury of which they could not know.

  2. 02

    Legal principle 2

    Mere ignorance of condition is insufficient, but may be part of impediment leading to operation of the maxim.

06

Ratio, limits and disposition

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.

Obiter and limits

  • Mere ignorance of the condition is not enough to suspend the limitation period, but may contribute to the impediment.

Court disposition

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

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1996] JLR 343

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BAILII >> Databases >> Jersey Law Reports >> Public Servs. Cttee. v Maynard [1996] JLR 343 (11 December 1996) URL: https://www.bailii.org/je/cases/JLR/1996/JLR960343.html Cite as: [1996] JLR 343 [ New search ] [ Help ] Public Servs. Cttee. v Maynard 1996 JLR 343 (11 December 1996) Limitation of Actions - running of time - suspension of limitation period - latent damage-prescription suspended against plaintiff with latent injury of which could not know, e.g. asbestosis-although mere ignorance of condition insufficient, may be part of impediment leading to operation of maxim contra non valentem agere nulla currit praescriptio-maxim applies to both contract and tort actions The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1996 JLR 343 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1996/JLR960343.html

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