statute of limitations

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statute of limitations

State and federal laws that place a time limit on the ability to make certain claims in a lawsuit.The various statutes are usually fairly clear and might provide 6 years for breach of contract, 2 years for negligence, and 10 years for rights to real property.The part that causes all the litigation is the question of “when does the time period start to run?”As a general rule of thumb, the clock starts ticking when there has been a harm that would give rise to the ability to sue. If a stairway is erected improperly in year 1,but there is no way to know this until it collapses in year 5, then the statute of limitations begins to run in year 5.

References in periodicals archive ?
2000) (finding that tolling the statute of limitations for a minor frustrates the purpose of the IDEA).
Tellier, Annotation, Tolling the Statute of Limitations Where Process Is Not Served Before Expiration of Limitation Period, as Affected by Statutes Defining Commencement of Action, or Expressly Relating to Interruption of Running of Limitations, 27 A.
233) In either tolling the statute of limitations or relating back to Murray's original complaint, Mansheim's counterclaim did not offend the goals of the statute of limitations because his claim arose from the same motor vehicle collision.
Finally, the court's conclusion wrongfully ignored its own precedent, set forth in Lattuca, of tolling the statute of limitations until the beneficiary has actual knowledge of the harm.
Reviewing the lower court's decision for abuse of discretion, the Court found enough evidence in the record showing Plaintiffs' fear of reprisal to justify tolling the statute until March 1994.
The court concluded that the continuous representation doctrine applied to the auditor-client relationship, thereby tolling the statute of limitations for the duration of the relationship.