FRAUD WITHIN THE CONTEXT OF LIMITATION LAWS

• Date: 06 February 2019

"In Archer v. Moss (1971) 1 All E.R. 747, the breach occurred in 1957. The plaintiff’s action was brought in 1967 for breach of contract against the defendant who relied on Limitation Acts. 1939, as barring the action more than six years having elapsed since the breach occurred. To which the plaintiff replied that there was concealed fraud within s. 26 of the Limitation Act, 1939. The observation of Lord Denning at pages 751 to 752 deserves my respectful quotation. Said he: - "It has long been settled that fraud in this context does not necessarily involve moral turpitude. See Beaman v. A.R.T.S. Ltd. It is sufficient if what was done was unconscionable. See Kitchen v. Royal Airforces Association." Those cases show that "Fraud" is not used in the common law sense. It is used in the equitable sense to denote conduct by the defendant or his...