This is an official version.

Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Revised Statutes of Newfoundland 1990


CHAPTER L-15

AN ACT RESPECTING THE LIMITATION OF PERSONAL ACTIONS AND GUARANTEES AND SURETIES

Analysis

1. Short title

2. Limitation of actions

3. Limitation after judgment reversed

4. Minors, etc.

5. Acknowledgment to remove case from s.1

6. Acknowledgment by writing or part payment

7. Endorsements of payments

8. Debts alleged by way of set-off

9. Confirmation of promises made by infants

10. Consideration of guarantee

11. Rights of surety

12. Merchants' accounts

13. Effect of payment by contractor


Short title

1. This Act may be cited as the Limitation of Personal Actions Act.

RSN1970 c206 s1

Back to Top

Limitation of actions

2. (1) Actions

(a) for rent upon an indenture of demise;

(b) upon a bond or other specialty;

(c) upon a recognizance,

shall be started within 20 years after the cause of action arose.

(2) Actions

(a) upon an award where the submission is not

(i) by specialty,

(ii) for an escape,

(iii) for money levied on an order of execution;

(b) of trespass upon the land of another;

(c) of trespass, detinue, trover and replevin for taking away of goods or cattle;

(d) of account and upon the case, other than those accounts that concern the trade of merchandise between merchants or their employees;

(e) of debts grounded upon a loan or contract without specialty;

(f) of debt for arrears of rent; or

(g) for sailors' wages,

shall be started within 6 years after the cause of action arose.

(3) Actions of

(a) trespass;

(b) assault;

(c) menace;

(d) battery;

(e) wounding; or

(f) imprisonment

shall be started within 4 years after the cause of action arose.

(4) Actions

(a) for penalties, damages or sums of money given to an aggrieved party by statute; and

(b) upon the case for words,

shall be started within 2 years after the cause of action arose.

(5) Where a specific limitation period in relation to a cause of action given by a statute is set out in another statute, that limitation period shall prevail.

RSN1970 c206 s2

Back to Top

Limitation after judgment reversed

3. Where, in an action referred to in section 2, judgment is given for the plaintiff, and the judgment is reversed by a court, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment the judgment is given against the plaintiff, that he or she take nothing as a result of his or her action, in all those cases the party plaintiff or his or her executors or administrators may start a new action not later than 1 year after the judgment is reversed or the judgment is given against the plaintiff.

RSN1970 c206 s3

Back to Top

Minors, etc.

4. (1) Where a person who is entitled to bring an action referred to in section 2 is at the time the cause of action arose, less than 19 years of age, mentally disabled or outside the province, then the person may bring the action, after reaching 19 years of age, upon ceasing to be mentally disabled or returning to the province, as a person having no such impediment would, according to this Act, have done.

(2) Where a person against whom there is a cause of action is, at the time the cause of action arose outside the province, then the person entitled to bring the cause of action may bring it within the time that is set out in this Act after the return of the person to the province.

RSN1970 c206 s4; 1971 c71 s38; 1979 c39 s9

Back to Top

Acknowledgment to remove case from s.1

5. (1) In an action for rent upon an indenture of demise, upon a bond or other specialty, upon a recognizance, and in all actions grounded upon a simple contract, no acknowledgment or promise by words only shall be considered sufficient evidence of a new or continuing contract so as to take a case out of the operation of section 2 unless the acknowledgment or promise is made in writing signed by the party chargeable by it, or his or her agent.

(2) Where there are 2 or more joint contractors, or executors or administrators of a contractor, no such joint contractor, executor or administrator, shall lose the benefit of section 2 so as to be chargeable by reason only of a written acknowledgment or promise made or signed by another of them.

(3) Nothing in this Act shall alter or take away or lessen the effect of a payment of principal or interest made by a person.

(4) In actions to be started against 2 or more joint contractors, or executors or administrators, if it appears at the trial or otherwise, that the plaintiff, though barred by section 2 as to 1 or more of the joint contractors or executors or administrators, shall nevertheless be entitled to recover against another of the defendants by a new acknowledgment or promise, or otherwise, judgment may be given and costs allowed for the plaintiff as to that defendant against whom he or she shall recover, and for the other defendant against the plaintiff.

RSN1970 c206 s5

Back to Top

Acknowledgment by writing or part payment

6. (1) Where an acknowledgment is made either in writing signed by the party, or the agent of the party liable by the indenture, specialty or recognizance, or liable in an action grounded upon a simple contract or by part payment or part satisfaction, on account of the principal or interest being due on it, the person entitled to the action may bring his or her action for money remaining unpaid, and so acknowledged to be due, within those periods of time respectively after the acknowledgment by writing, or part payment, or part satisfaction that are prescribed by section 2 for starting the action.

(2) Where the person entitled to an action is, at the time of the acknowledgment, under a disability referred to in section 4, or the party making the acknowledgment is at the time of making it outside the province, then the action shall be brought within the respective periods of time as set out in section 2, after the disability has stopped, or the party has returned to the province.

RSN1970 c206 s6

Back to Top

Endorsements of payments

7. An endorsement or memorandum of a payment written or made upon a promissory note, bill of exchange, or a recognizance, bond, specialty, or other writing, by or on behalf of the party to whom the payment is made, is not considered sufficient proof of the payment so as to take the case out of the operation of section 2.

RSN1970 c206 s8

Back to Top

Debts alleged by way of set-off

8. This Act shall apply to the case of a debt on a specialty or a simple contract or otherwise, which may now or at any time by law be alleged by way of set-off on the part of a defendant, either by plea, notice or otherwise.

RSN1970 c206 s9

Back to Top

Confirmation of promises made by infants

9. An action shall not be maintained to charge a person upon a promise made after full age to pay a debt contracted during infancy, or upon a ratification after full age of a promise or simple contract made during infancy, unless the promise or ratification is made in writing signed by the party to be charged.

RSN1970 c206 s10

Back to Top

Consideration of guarantee

10. A special promise made by a person to answer for the debt, default or miscarriage of another person, being in writing and signed by the party to be charged, or some other person by him or her lawfully authorized, shall not be considered invalid to support an action to charge the person by whom the promise was made, by reason only that the consideration for the promise does not appear in writing, or by necessary inference from a written document.

RSN1970 c206 s11

Back to Top

Rights of surety

11. (1) A person who is surety for debt or duty of another or is liable with another for a debt, and who pays the debt or performs the duty, is entitled to have assigned to him or her, or to a trustee for him or her, a judgment, specialty, or other security, which is held by the creditor in respect of the debt or duty, whether the judgment, specialty or other security is or is not considered at law to have been satisfied by the payment of the debt or performance of the duty.

(2) A person referred to in subsection (1) is entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor in an action, or other proceeding at law in order to obtain from the principal debtor or a co-surety, co-contractor or co-debtor indemnification for the advances made and loss sustained by the person who paid the debt or performed the duty.

(3) The payment or performances made by surety shall not be pleadable as a bar to the action or other proceeding by him or her.

(4) A co-surety, co-contractor or co-debtor, shall not be entitled to recover from another co-surety, co-contractor, or co-debtor, by the means previously stated, more than the just proportion to which, as between those parties themselves, the last-mentioned person is justly liable.

RSN1970 c206 s12

Back to Top

Merchants' accounts

12. (1) Actions of account, or for not accounting, and actions for the accounts that concern the trade of merchandise shall be started and sued within 6 years after the cause of the actions arose.

(2) A claim in respect of a matter which arose more than 6 years before the start of the action shall not be enforceable by action by reason only of some other matter or claim, comprised in the same account, having arisen within 6 years next before the start of the action.

RSN1970 c206 s13

Back to Top

Effect of payment by contractor

13. Where there are 2 or more co-contractors or co-debtors, whether bound or liable jointly only, or jointly and individually, or executors or administrators of a contractor, a co-contractor or co-debtor, executor or administrator, shall not lose the benefit of this Act, so as to be chargeable in respect or by reason only of payment of a principal, interest, or other money, by any others of the co-contractors or co-debtors, executors or administrators.

RSN1970 c206 s14

©Earl G. Tucker, Queen's Printer