Limitation Act - The Bahamas Laws On-Line
Limitation Act - The Bahamas Laws On-Line
Limitation Act - The Bahamas Laws On-Line
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CH.83 – 8]<br />
LIMITATION<br />
Part II to be<br />
subject to<br />
provisions of<br />
Part III.<br />
<strong>Limitation</strong> of<br />
actions of<br />
contract and tort,<br />
and certain other<br />
actions.<br />
PART II<br />
PERIODS OF LIMITATION FOR DIFFERENT<br />
CLASSES OF ACTION<br />
4. <strong>The</strong> provisions of this Part shall have effect<br />
subject to the provisions of Part III which provide for the<br />
extension or postponement of the periods of limitation in<br />
the case of disability, acknowledgement, part payment,<br />
fraud, concealment and mistake.<br />
<strong>Act</strong>ions of Contract and Tort and Certain Other <strong>Act</strong>ions<br />
5. (1) <strong>The</strong> following actions shall not be brought after<br />
the expiry of six years from the date on which the cause of<br />
action accrued, that is to say —<br />
(a) actions founded on simple contract (including<br />
quasi contract) or on tort;<br />
(b) actions to enforce the award of an arbitrator<br />
where the submission is not by an instrument<br />
under seal;<br />
(c) actions to recover any sum recoverable by virtue<br />
of any written law;<br />
(d) actions to enforce a recognisance.<br />
(2) An action upon an instrument under seal shall not<br />
be brought after the expiry of twelve years from the date on<br />
which the cause of action accrued:<br />
Provided that this subsection shall not affect any<br />
action for which a shorter period of limitation is prescribed<br />
by any other provision of this <strong>Act</strong>.<br />
(3) An action shall not be brought upon any judgment<br />
after the expiry of six years from the date on which the<br />
judgment became enforceable, and no arrears of interest in<br />
respect of any judgment debt shall be recovered after the<br />
expiry of six years from the date on which the interest<br />
became due.<br />
STATUTE LAW OF THE BAHAMAS [Original Service 2001]