Statutes of Limitation + Statutes of Repose

Question 1

statute of limitations

Answer 1

serves as a complete bar to recovery and puts a limitation on the time frame in which a civil action may be brought after the injury/harm occurs. occurs at the time of the discovery of the injury

Question 2

statute of repose

Answer 2

a law of extinction extinguishes a cause of action after a specified period of time, regardless of whether the cause of action has accrued. runs from the last act of the D giving rise to the action
- if SOR runs before the SOL, it bars the action EVEN IF SOL has not run

Question 3

SOL + SOR calculation process

Answer 3

1. identify applicable rule
2. determine the last act of the D giving rise to the cause of action
3. establish the initial 3 year SOL
4. if the discovery rule applies, apply it to the date of when injury was discovered
5. apply SOR
6. P will get benefit of the furthest date

Question 4

discovery rule

Answer 4

exception for injury that is not reasonably discovered at the time of the injury
- extends time to commence the action by 1 year, only if the injury is discovered 2+ years after the last act. no more than 4 years to commence

Question 5

foreign objects rule

Answer 5

an exception that gives the P a year after discovery to bring the claim by more than 10 years after the act