Limitations on actions Flashcards
Laches
equitable defense if a party waited too long to bring the claim and it would be unfair to permit the claim to be brought now
to bar a claim with laches must show
delay worked to the disadvantage of defendant; or the delay warrants a presumption that the party has waived or abandoned the claim
factors court considers
passage of time, effect of delay, loss of evidence
Tolling stops
SOL
The commencment of the action tolls
sol, not service
Adding a party relates back if
1) claim asserted in the amended pleading arose out of the same t/o
2) received notice within the limitation period
3) a party will not be prejudiced and
4) party knew or shoudl have known, but a mistake in identity, the action would have been brought against the party
Adding a claim relates back if
1) same t/o
2) amending party was reasonably diligent in asserting a claim
3) will not be unjustly prejudiced
SOL- PI
2 Years
sexual abuse during infancy
20 years
tortious injury to prop
5 years
fraud
2 year sol; clear and convincing evidence
written k
5 years
oral k
3 years
ucc k
4 years
wrongful death
2 years
products liabiity to prop
products to personal injury
5 and 2
CC judgments last
20 years
distict court judgments last
10 years
ejectment
bring within 15 years
easement prescription
bring within 20 years
unlawful detainer
3 years
Virginia uses both
accrual and discovery approaches
if an action is brought against a d with ____ of expiration of SOL, D has ___ extra days tacked on to the usual SOL on claims for indemnification or contribution
30, 60
promise not to plead sol is enforceable if
1) failure to enforce would constitute fraud or
2) promise is in writing and is made to avoid litigation, not made contemporaneously with any other k, and additional term not longer than applicable limitations period
d who files counterclaim or cross claim is deemed to have brougth the action at time of
pleading
if same t/o crossclaim or counterclaim
sol is tolled when initial suit is filed
SOL must be raised by
affirmative defense
Damages for fraud SOL
2 years
fraudulent conveyance
laches
voluntary conveyance
5 years
AP
15 years
prescriptive easmenet
20 years
injury to person
2 years
injury to prop
5 years
breach of k
oral- 3; written 5
k governed by other state
that one or VA, whichever is shorter
SOL is an affirmative defense and if not pleaded,
it is waived
