Statutes of Limitation Flashcards
What is an SoL? what do you need to know about it?
A deadline for filing a claim, and an affirmative defense for the D to raise, OR it is WAIVED
It can be WAIVED
What is laches? How is it different from SoL?
Laches only applies to suits seeking equitable relief, and it bars suits where the P has unreasonably delayed in pursuing the lawsuit.
It can impose a shorter deadline than SoL.
What is the Statutes of Repose? How is it different from SoL?
Statutes of Repose works like SoL but it imposes an absolute bar on when a suit can be brought. An SoL might not start running until later, so a statute of repose sets an asolute limit on when a suit can be brought.
What are the statute of limitations for:
- Personal injuries and fraud
- Nonphysical personal torts
- Defamation and libel
- Property damage
- Oral K, equitable estoppel, unjust enrichment
- Property damages for sales under UCC
- Written K’s not under UCC
- Wrongful death
- Unlawful detainer
- Personal injuries and fraud - 2 years
- Nonphysical personal torts - 2 years
- Defamation and libel - 1 year
- Property damage - 5 years
- Oral K, equitable estoppel, unjust enrichment - 3 years
- Property damages for sales under UCC - 4 years
- Written contracts (non UCC) - 5 years
- Wrongful death - 2 years from death
- Unlawful detainer - 3 years from detention
Accrual
When does a statute of limitations start to run?
Upon accrual of the cause of action
- The date of injury or breach, regardless of whether the P was aware of it at that time
- Not from date P discovered or should have discovered
Accrual
What exceptions are there to the accrual rule regarding discovery? SoL change?
- Fraud or mistake–SOL stats running when fraud or mistake is discovered or reasonably should have ben discovered, which ever is earlier.
- Certain medical claims–failed diagnosis, faulty medical device.
- In exchange for the more generous discovery rule, the SOL is shortened to 1 year.
the exchange for both exceptions
What tolls the statute of limitations? Service or filing?
Filing, so if service is not made until after the statute of limitations has run, that is okay as long as the suit was filed beforehand
But P must service process within 12 months of filing or else he cannot win judgment
idk about the 12 month thing - Luke. Also, dismissals at the behest of the P (i.e. nonsuirts) have special rules covered later
Who bears the burden of showing the statute of limitation bars the claim?
D
How does D raise a statute of limitations defense?
Special plea
When P files a complaint, that tolls the statute of limitations for what?
- P’s claim
- Counterclaims arising from same T/O
- Crossclaims arising from same T/O
What does it mean to toll the statue of limitations?
Stop it from running
What will toll the SoL for the benefit of the P
Obstruction by the D to keep the P from filing suit. Obstruction occurs when D:
* files for bankruptcy
* hides the injury
* takes curative actions
tolls temporarily
Tolls when reasonable. E.g., Doc lies about scar going away. SOL tolls during the period in which P reasonably assumed the scar would improve.
Lack of capacity to sue
Minor in an ordinary case: If P is injured as a minor, when will the SOL toll?
tolled until P becomes an adult or is emancipated.
Lack of capacity to sue
Minor in a medical malpractice case: Whats the rule?
Generally 2 year SOL still applies, unless the minor is younger than 8. Then, she has until she is 10 to sue.
SOL and Nonsuits
If the P voltunarily dismisses the suit (wanting to refile later), is the dismissal with or without prejudice?
Without
