Moynihan v Greensmyth
| Jurisdiction | Ireland |
| Judgment Date | 17 June 1977 |
| Date | 17 June 1977 |
| Docket Number | [1969 No. 2136 P] |
| Court | Supreme Court |
(S.C.)
Moynihan
and
Greensmyth
Disability -Infant plaintiff - Negligence of deceased motorist - Survival of cause of action - Plaintiff's claim barred - Personal rights - Property rights -Civil Liability Act, 1961 (No. 41), ss. 8, 9 -Constitution of Ireland, 1937, Article 40.
In regard to actions for damages for negligence where the damages claimed include damages for personal injuries, it is enacted by s. 11, sub-s. 2(b), of the Statute of Limitations, 1957, that (subject to s. 49) an action shall not be brought after three years from the date on which the right of action accrued. Sub-paragraph (i) of sub-s. 2(a) of s. 49 enacts that where a person is under a disability (including infancy) on the date when such right of action accrued to him, the action may be brought at any time before the expiration of three years from the date when he ceased to be...
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Hermeneutic Perspectives On Judicial Activism: Dworkin, Constitutional Interpretation And Judicial Law-Making
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