Section 16 outlines the impact of the death of a person on the right to sue, specifically focusing on the timing of death in relation to the accrual of the right.
Key Points:
1. Death Before Right to Sue Accrues:
- Subsection (1): If a person dies before the right to sue accrues, the period of limitation for the legal representative to file the suit starts from the date of the death.
- This ensures that the legal representative has a fresh start for the limitation period upon the death of the person entitled to sue.
2. Death After Right to Sue Accrues:
- Subsection (2): If a person dies after the right to sue accrues but before the limitation period expires, the limitation period is extended to allow the legal representative to file the suit.
- The legal representative has the same limitation period that the deceased person would have had, starting from the date the right to sue accrued.
3. Application to Legal Representatives:
- The section applies to suits filed by legal representatives, executors, or administrators of the deceased person’s estate.
- It ensures that the legal rights of the deceased are preserved and can be pursued by their representatives.
4. Exception:
- Subsection (3): This section does not apply to suits to enforce rights of pre-emption or other cases where a specific provision regarding the effect of death on limitation exists.
5. Purpose:
- Section 16 is designed to protect the rights of individuals who might die before they can initiate legal proceedings or during the limitation period.
- It ensures that the cause of action does not lapse due to the death of the entitled person, providing a fair opportunity for their representatives to pursue legal claims.
6. Illustration:
- If A dies on January 1, 2020, before a cause of action for a contract dispute accrues on February 1, 2020, the limitation period for A’s legal representative starts on January 1, 2020.
- If A dies on January 1, 2020, after a cause of action accrues on January 1, 2019, and the limitation period is three years, the legal representative can file the suit within the remaining two years.
