icon-grid
Better Regulation logo
Table of Contents

Table of Contents

Expand all headings Collapse all headings Expand side bar Collapse side bar
Statute of Limitations Act, 1957 (No. 6)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-9)1. Short title and commencement.2. General provisions as to interpretation.3. Application to the State.4. Non-application to proceedings in respect of the forfeiture of a ship.5. Saving for equitable jurisdiction to refuse relief for acquiescence or otherwise.6. Provisions as to set-off and counterclaim.7. Saving for other limitation enactments in respect of actions.8. Provisions as to actions barred and pending on the operative date.9. Repeals.Part II Periods of Limitation for Different Classes of Action (ss. 10-46)10. Part II to be subject to provisions of Part III relating to disability, acknowledgment, part payment, fraud and mistake.Actions of contract and tort and certain other actions (ss. 11-12)11. Limitation of actions of contract and tort and certain other actions.11A. Limitation of actions for damages for infringements of competition law.12. Limitation in case of successive conversions, and extinction of title of owner of converted goods.Actions to recover land (ss. 13-25)13. Limitation of actions to recover land.14. Accrual of right of action (present interests in land).15. Accrual of right of action (future interests in land).16. Accrual of right of action (forfeiture or breach of condition).17. Accrual of right of action (certain tenancies).18. Right of action not to accrue unless there is adverse possession.19. Cure of defective disentailing assurance.20. No right of action to be preserved by formal entry or continual claim.21. Possession of one co-parcener, etc., not to be possession of others.22. Possession of younger brother, etc., not to be possession of heir.23. Administration to date back to death.24. Extinction of title to land after expiration of period limited for actions to recover land.25. Equitable estates in land, and land held on trust.Actions to recover settled chattels (s. 26)26. Actions to recover settled chattels.Actions to recover arrears of rentcharges, conventional rents, dower and annuities charged on personal property (ss. 27-31)27. Limitation of actions to recover arrears of a rentcharge.28. Limitation of actions to recover arrears of a conventional rent.29. Warrants under section 28 of the Land Act, 1933.30. Limitation of actions to recover arrears of dower.31. Limitation of actions to recover arrears of annuity charged on personal property.Actions in respect of mortgages and charges (ss. 32-42)32. Limitation of actions by incumbrancers claiming sale of land.33. Extinction of title of mortgagee to mortgaged land after expiration of period for action claiming sale of land.34. Limitation of redemption actions (land).35. Extinction of title of mortgagor to mortgaged land after expiration of period for action to redeem land.36. Limitation of actions to recover principal money secured by a charge on land or personal property.37. Limitation of actions to recover arrears of interest on a mortgage or charge.38. Extinction of right of mortgagee or chargeant to mortgage debt at expiration of period for action to recover land or claiming sale of land.39. Extinction of right of mortgage or chargeant to principal sum secured by mortgage or charge on personal property after expiration of period for action to recover principal sum.40. Limitation of actions in respect of certain personal rights in or over land, such as right of support, etc.41. Extinction of personal right in or over land, such as right of support, etc., after expiration of period for action in respect of such right.42. Restriction on recovery under section 26 of the Agricultural Credit Act, 1947, of interest on chattel mortgages.Actions in respect of trust property (ss. 43-44)43. Limitation of actions against trustees.44. Exclusion of actions against trustees in cases of fraud or retention of trust property.Actions in respect of the estates of deceased persons (ss. 45-46)45. Limitation of actions to recover personal estate of deceased persons.46. Exclusion of actions against personal representatives in cases of fraud.Part III Extension of Limitation Periods in case of Disability, Acknowledgement, Part Payment, Fraud and Mistake (ss. 47-72)Chapter I Interpretation (s. 47)47. Interpretation (Part III).Chapter II Disability (ss. 48-49)48. Person under a disability.48A. Disability of certain persons for purpose of bringing certain actions arising out of acts of sexual abuse.49. Extension of limitation period in case of disability.Chapter III Acknowledgment (ss. 50-60)50. Meaning of "acknowledgment".51. Fresh accrual of right of action on acknowledgment (action to recover land).52. Fresh accrual of right of action on acknowledgment (action by mortgagee to recover land).53. Fresh accrual of right of action on acknowledgment (action by incumbrancer claiming sale of land).54. Effect of acknowledgment on right of action to redeem mortgaged land in mortgagee's possession.55. Fresh accrual of right of action on acknowledgment (action in respect of personal right in or over land, such as right of support, etc.).56. Fresh accrual of right of action on acknowledgment (action to recover debt).57. Fresh accrual of right of action on acknowledgment (action claiming personal estate of deceased person).58. Formal provisions as to acknowledgment.59. Effect of acknowledgment on persons other than the maker or recipient.60. Exemption of acknowledgment from stamp duty.Chapter IV Part payment (ss. 61-70)61. Meaning of "payment".62. Fresh accrual of right of action on payment (action by mortgagee to recover land).63. Fresh accrual of right of action on payment (action by incumbrancer claiming sale of land).64. Effect of payment on right of action to redeem mortgaged land in mortgagee's possession.65. Fresh accrual of right of action on payment (action to recover debt).66. Fresh accrual of right of action on payment (action claiming personal estate of deceased person).67. Formal provisions as to payment.68. Effect of payment on persons other than the maker or recipient.69. Appropriation of payment in respect of debts.70. Endorsement of payment by creditor not to be evidence of payment.Chapter V Fraud and mistake (ss. 71-72)71. Postponement of limitation period in case of fraud.72. Postponement of limitation period in case of mistake.Part IV Application of this Act and other Limitation Enactments to Arbitrations (ss. 73-80)73. Interpretation (Part IV).74. Commencement of arbitration.75. Application of Act and other limitation enactments to arbitrations.76. Accrual of cause of action where agreement makes award thereunder a condition precedent to commencement of action.77. Power of Court to extend time where it sets aside award or orders arbitration to cease to have effect.78. Application of Part IV to arbitrations under other Acts.79. Saving for other enactments relating to limitation of arbitrations.80. Arbitrations pending on the operative date.Schedule - Enactments RepealedSchedule, Part I Acts of the Parliament of IrelandSchedule, Part II Acts of the Parliament of the late United Kingdom of Great Britain and IrelandSchedule, Part III Acts of the Oireachtas of Saorstát ÉireannSchedule, Part IV Acts of the Oireachtas
Page Overview
Document Overview
Tools
Set a date to view the document
Text comparison options
Full text - Date 1 vs Date 2
Amendments requiring commencement - Current text vs Text requiring commencement
Draft proposed changes - Current text vs Text proposed by drafting documents
Coming soon: Any documents - Any document vs Another document at any date
Print / Export options
Current page
Whole document
Selected pages
Consolidated PDF of the entire document as of 23rd December 2024
Export
Export line by line
Export provision to provision
Report template
Create report template
Alert me to changes
Manage alerts
Bookmarks
This page
This document
Manage bookmarks
Search within this document
View previous searches
Share
Get page link
Share via email application
PreviousNext
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 1959 - onwards
Version 2 of 2

71. Postponement of limitation period in case of fraud.

(1) Where, in the case of an action for which a period of limitation is fixed by this Act, either -

(a) the action is based on the fraud of the defendant or his agent or of any person through whom he claims or his agent, or

(b) the right of action is concealed by the fraud of any such person,

the period of limitation shall not begin to run until the plaintiff has discovered the fraud or could with reasonable diligence have discovered it.

(2) Nothing in subsection (1) of this section shall enable an action to be brought to recover, or enforce any charge against, or set aside any transaction affecting, any property which has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed.

PreviousNext