Tools
Has the time to sue run out?
Sri Lanka calls limitation prescription, and the Prescription Ordinance, No. 22 of 1871 sets it by cause of action rather than by one general rule. Several of the periods are far shorter than a lawyer arriving from a common-law jurisdiction would expect.
Prescription
s. 8: Goods sold and delivered, a shop bill or book debt, work and labour done, or the wages of artisans, labourers or servants.
Every period in the Ordinance
| Section | Period | Cause of action |
|---|---|---|
| s. 4 | 1 year | Recovery of possession by a person dispossessed of immovable property otherwise than by process of law; possession is restored without proof of title |
| s. 8 | 1 year | Goods sold and delivered, a shop bill or book debt, work and labour done, or the wages of artisans, labourers or servants |
| s. 9 | 2 years | Any loss, injury or damage |
| s. 10 | 3 years | Any cause of action not expressly provided for or exempted elsewhere in the Ordinance |
| s. 7 | 3 years | Movable property, rent, mesne profits, money lent without written security, money paid or expended for another, money received for another, an account stated, or an unwritten promise or contract |
| s. 6 | 6 years | A deed establishing a partnership, a promissory note or bill of exchange, or any written promise, contract, bargain, agreement or other written security not within section 5 |
| s. 3 | 10 years | Undisturbed and uninterrupted possession of land or immovable property by a title adverse to the claimant; thirty years is conclusive proof of title notwithstanding a disability |
| s. 5 | 10 years | A sum due on a hypothecation or mortgage of property, or on a bond conditioned for payment of money, performance of an agreement or trust, or payment of a penalty |
Three things this does not do
- It does not decide when the period began. That is a question of fact, it differs by section, and it is where most arguments about prescription actually happen.
- It does not account for a fresh start. Under section 12 an acknowledgment or promise takes a case out of the Ordinance only if it is in writing and signed by the party chargeable.
- It does not account for a disability suspending the period, for the rights of the State, or for another enactment setting its own period for that kind of claim.
Questions
- What is prescription in Sri Lanka?
- Prescription is what Sri Lankan law calls limitation: the period after which an action can no longer be maintained. It is governed by the Prescription Ordinance, No. 22 of 1871, which sets periods by cause of action rather than by one general rule.
- How long do I have to sue on an unpaid invoice?
- One year. Section 8 bars an action for goods sold and delivered, a shop bill or book debt, work and labour done, or the wages of artisans, labourers or servants, unless it is brought within one year of the debt becoming due. It is the shortest period in the Ordinance and the one most often missed.
- How long do I have to bring a claim for damage or injury?
- Two years. Section 9 bars an action for any loss, injury or damage unless it is commenced within two years from the time the cause of action arose. That is shorter than the English six-year period for tort and shorter than the English three-year period for personal injury.
- Is it six years, as in England?
- Only for written contracts. Section 6 gives six years on a written promise, contract, bargain or agreement, a promissory note or a bill of exchange, which happens to match the English period for simple contracts. An unwritten agreement is three years under section 7, goods sold and delivered one year under section 8, and damage two years under section 9. Counting in English gives the right answer on the written contract and the wrong one on almost everything around it.
- Can a period start again?
- It can. Under section 12 an acknowledgment or promise is only effective to take a case out of the Ordinance if it is in writing and signed by the party chargeable or a duly authorised agent. Words alone are not enough, and one joint contractor's written acknowledgment does not bind the others.
- Does prescription run against everyone?
- No. The Ordinance suspends the periods while a person entitled to sue is under a disability, and it does not affect the rights of the State, proceedings for divorce, or cases where another enactment sets its own period. Thirty years of adverse possession is conclusive proof of title even where a claimant was under a disability.
- Does this tool tell me whether my claim is out of time?
- No. It tells you the period the Ordinance sets for that kind of claim and works out the date from the date you give it. The date the period runs from is a question of fact and is where most arguments actually happen.
