Specific Periods of Limitation - Part A Flashcards
personal injury
2 years from the injury, no matter what the theory of recovery
personal injury arising from sexual abuse occurring during infancy or incapacity of the person
20 years after the action accrues
adult sexual abuse
2 years
tortious injury to property
5 years
the commonwealth and tortious injury to property
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
seeking equitable relief for fraud and there is no applicable sol
laches
suing for money damages for fraud
2 years
what is burden of proof for a fraud claim
C and C
k action upon a recognizance (bond), other than bail in a civil case
10 years
written contract (other than a UCC contract for sale)
5 years
oral contract, express or implied
3 years
actions on and of a fiduciary (executor)
10 years from when claims accrues
actions on contract governed by the law of another state
the shorter of VA’s sol or that of the state whose law governs the contract
UCC contract of sale
4 years
notes
6 years
demand note
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
wrongful death actions
2 years from the date of death of injured person
personal actions not otherwise provided
2 years
Defective and unsafe improvement to real property
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)
