I am trying to find out details of limitation periods for contracts
subject to Scottish law. Lest I be accused of not doing my homework,
this is what I have been able to establish:

- The applicable Act is the Prescription and Limitation (Scotland) Act
1973
- This sets a limit of 5 years from when the innnocent party became
aware of the breach, with a long stop of 20 years.

So far, so good.

However, I would be grateful for any assistance that can be offered
with the following points.

Does any one know where a copy of the Act can be found online?

Does anyone know whether the time limits are 'prescriptions' or
'limitations'? The former is a substantive rule of law tat
extinguishes the claim, whereas the latter is simply a rule of
procedure (as in England).

Do the Courts have any discretion to extend the periods?

TIA

"Tommo" wrote in message
oups.com...
I am trying to find out details of limitation periods for contracts
subject to Scottish law. Lest I be accused of not doing my homework,
this is what I have been able to establish:

- The applicable Act is the Prescription and Limitation (Scotland) Act
1973
- This sets a limit of 5 years from when the innnocent party became
aware of the breach, with a long stop of 20 years.

So far, so good.

However, I would be grateful for any assistance that can be offered
with the following points.

Does any one know where a copy of the Act can be found online?

Does anyone know whether the time limits are 'prescriptions' or
'limitations'? The former is a substantive rule of law tat
extinguishes the claim, whereas the latter is simply a rule of
procedure (as in England).

Do the Courts have any discretion to extend the periods?

TIA




Section 6 of the 1973 Act refers. The period is five years from accrual not
from discoverability (except in cases of fraud, mistake or disability - see
s6(3)).

At the end of that time the obligation is extinguished (s6(1)) so this is
prescription, not limitation.

In relation to section 6 there is no judicial discretion to extend (the 1984
Act has other provisions for personal injury cases, but these are not
relevant here)

If you would like to e-mail me I may be able to help you with a copy of the
full text of the Act.

Andrew McGee