All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

Practice Mode:
79.

The existence of statutes of limitation are due to:

A: Long dormant claims have more of cruelty than justice in them
B: The defendant may have lost the evidence to dispute the stale claim
C: Persons with good causes of action should pursue them with reasonable diligence
D: All the above

The answer is: D

Explanation

The correct option is D: All the above.

The existence of statutes of limitation are due to various reasons, such as:

Long dormant claims have more of cruelty than justice in them. This means that it is unfair and harsh to allow a plaintiff to sue a defendant after a long period of time, when the defendant may have lost the opportunity to defend himself or herself effectively. This principle was stated by the U.S. Supreme Court in Chase Securities Corp. v. Donaldson, where the court said that "Statutes of limitation find their justification in necessity and convenience rather than in logic. They represent expedients, rather than principles. They are practical and pragmatic devices to spare the courts from litigation of stale claims, and the citizen from being put to his defense after memories have faded, witnesses have died or disappeared, and evidence has been lost."

The defendant may have lost the evidence to dispute the stale claim. This means that over time, the evidence that could prove the defendant's innocence or liability may have been destroyed, misplaced, or corrupted, making it difficult or impossible for the defendant to present a fair case. For example, if a plaintiff sues a defendant for breach of contract after 10 years, the defendant may have lost the original contract document, the receipts, the witnesses, or other relevant proof that could show whether he or she breached the contract or not.

Persons with good causes of action should pursue them with reasonable diligence. This means that a plaintiff who has a valid claim against a defendant should not delay or procrastinate in filing a lawsuit, but should act promptly and responsibly to seek justice. This also encourages the plaintiff to gather and preserve the evidence while it is fresh and available, and to avoid any prejudice or hardship to the defendant caused by unnecessary delay. For example, if a plaintiff suffers an injury due to the negligence of a defendant, he or she should file a lawsuit within the prescribed time limit, rather than waiting for years and hoping for a settlement.

Therefore, option D is correct.