Specific Periods of Limitation - Part A

Question 1

personal injury

Answer 1

2 years from the injury, no matter what the theory of recovery

Question 2

personal injury arising from sexual abuse occurring during infancy or incapacity of the person

Answer 2

20 years after the action accrues

Question 3

adult sexual abuse

Answer 3

2 years

Question 4

tortious injury to property

Answer 4

5 years

Question 5

the commonwealth and tortious injury to property

Answer 5

Usually the Commonwealth is not subject to sol, and action for injury to property brought by the Commonwealth against a tortfeasor arising out of the negligent operation of a motor vehicle must be brought within 5 years after the cause of action accrued

Question 6

seeking equitable relief for fraud and there is no applicable sol

Answer 6

laches

Question 7

suing for money damages for fraud

Answer 7

2 years

Question 8

what is burden of proof for a fraud claim

Answer 8

C and C

Question 9

k action upon a recognizance (bond), other than bail in a civil case

Answer 9

10 years

Question 10

written contract (other than a UCC contract for sale)

Answer 10

5 years

Question 11

oral contract, express or implied

Answer 11

3 years

Question 12

actions on and of a fiduciary (executor)

Answer 12

10 years from when claims accrues

Question 13

actions on contract governed by the law of another state

Answer 13

the shorter of VA’s sol or that of the state whose law governs the contract

Question 14

UCC contract of sale

Answer 14

4 years

Question 15

notes

Answer 15

6 years

Question 16

demand note

Answer 16

6 years from date of demand or if there has been no demand and no payments of principal or interest for 10 years, then the claim is barred

Question 17

wrongful death actions

Answer 17

2 years from the date of death of injured person

Question 18

personal actions not otherwise provided

Answer 18

2 years

Question 19

Defective and unsafe improvement to real property

Answer 19

this is a statute of repose, not sol

claims for damage to property, bodily injury, or wrongful death arising from this - 5 years after the furnishing of such service or construction (diff is it starts with completion of improvement not with injury)