s.2Definitions and interpretation
2
Section 2Part 1 — Preliminary

Definitions and interpretation

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In this Law —
"action" includes any proceedings in a court of law;
"land" includes any legal or equitable estate or interest therein, including an interest in the proceeds of the sale of land held upon trust for sale;
"mortgage" includes a charge;
"personal injuries" include any disease and any impairment of a person's physical or mental condition, and "injury" and cognate expressions shall be construed accordingly;
"personal property" means every description of property except land;
"trust" has the same meaning as in the Trusts Law (1996 Revision); and
"trustee" has the same meaning as in the Trusts Law (1996 Revision).
For the purposes of this Law but subject to subsection (3), a person shall be treated as under a disability while he is under the age of eighteen years, or is mentally defective within the meaning of section 2 of the Mental Health Law, 1979 [Law 22 of 1979].
Without prejudice to the definition of "mentally defective" in the Mental Health Law, 1979, a person shall be conclusively presumed, for the purposes of subsection (2), to be mentally defective while he —
is liable to be detained under the Mental Health Law, 1979 (otherwise than by virtue of section 4 or 5 of that law);
is receiving treatment as an in-patient in any hospital within the meaning of the Mental Health Law, 1979, without being liable to be detained under that law (otherwise than by virtue of section 4 or 5 of that law), being treatment which follows without any interval a period during which he was liable to be detained under that law (otherwise than by virtue of section 4 or 5 of that law); or
has a guardian appointed of himself under section 14 of the Grand Court Law (1995 Revision).
Subject to subsection (5), a person shall be treated as claiming through another person if he became entitled by, through, under or by the act of that other person to the right claimed.
A person becoming entitled to an estate or interest by virtue of a special power of appointment shall not be treated as claiming through the appointor.
A reference in this Law to a right of action to recover land includes a reference to a right to enter into possession of the land, and a reference to the bringing of such an action shall include a reference to the making of such an entry.
A reference in Part III to a right of action shall include a reference to —
a cause of action;
a right to receive money secured by a mortgage on any property;
a right to recover proceeds of the sale of land; and
a right to receive a share or interest in personal property in the estate of a deceased person.
A reference in Part III to the date of the accrual of a right of action shall be construed —
in the case of an action upon a judgment, as a reference to the date on which the judgment became enforceable; and
in the case of an action to recover arrears of rent or interest, or damages in respect of arrears of rent or interest, as a reference to the date on which the rent or interest became due.

Defined Terms

actionlandmortgagepersonal injuriespersonal propertytrusttrusteedisabilitymentally defective

Cross References