What is the usual effect of the expiry of a limitation period?
Answer and explanation
Correct answer: C. The defendant has a defence, but only if it is pleaded, and the claimant's underlying right is not extinguished
- Step 1: Limitation bars the remedy and not the right in most cases.
- Step 2: The court will not take the point of its own motion, so the defendant must plead it.
Answer
The defendant has a defence, but only if it is pleaded, and the claimant's underlying right is not extinguished.
Why not the others: The court does not apply limitation of its own motion; the right survives for some purposes; there is no suspension needing consent.
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