Statutes of Limitations

Question 1

When an equity cause of action is asserted, there may be an argument for an application of ______, which will bar a plaintiff who has delayed unreasonably in suing, to the prejudice of the prospective defendant.

Answer 1

laches

Question 2

Generally, equity _______, and the statute of limitation applies.

Answer 2

follows the law

Question 3

The general rule is that the statute starts to run from _____ of the cause of action.

Answer 3

Accrual

Question 4

Accrual of an action means…

Answer 4

The Virginia statute runs from the date of injury or breach.

Question 5

As an exception to the general rule, for actions of fraud, mistake, or undue influence, the cause of action accrues when…

Answer 5

the plaintiff discovered the harm (or when a reasonable person would have discovered the harm).

Question 6

As an exception to the general rule, for malicious prosecution actions, the cause of action accrues when…

Answer 6

the underlying case ends.

Question 7

As an exception to the general rule, for contribution claims, the cause of action accrues when…

Answer 7

one or more pays more than her fair share.

Question 8

As an exception to the general rule, for medical malpractice actions where the treatment/service is continuous, the action accrues…

Answer 8

at the end of the relative course of treatment.

Question 9

Dr. Pullem commits dental malpractice on Plaintiff in 2019. He undertakes to fix it in 2020 and 2021. The curative treatment is fine, but Plaintiff still suffered pain and lost wages. Plaintiff sued in 2022, which is beyond the statute if the statute started to run in 2019. Is the Plaintiff barred from bringing action?

Answer 9

No, the cause of action would accrue at the end of the relative course of treatment.

Question 10

The statute of limitations for personal injuries is…

Answer 10

2 years.

Question 11

The statute of limitations for nonphysical personal torts is…

Answer 11

2 years.

Question 12

The statute of limitations for defamation is…

Answer 12

1 year.

Question 13

The statute of limitations for property damage is…

Answer 13

5 years.

Question 14

The statute of limitations for property damage for sales covered by the UCC is…

Answer 14

4 years.

Question 15

The statute of limitations for fraud is…

Answer 15

2 years.

Question 16

The statute of limitations for wrongful death is…

Answer 16

2 years from death.

[but note that the claim is barred if decedent was injured more than 2 years before his death and died from those injuries without ever bringing suit.]

Question 17

The statute of limitations for written contracts is…

Answer 17

5 years.

Question 18

The statute of limitations for unwritten contracts is…

Answer 18

3 years.

Question 19

When the law of another state or country applies to a contract, Virginia has a ________ that requires the application of the shortest time limitation.

Answer 19

“borrowing statute”

Question 20

The statute of limitations for unlawful detainer is…

Answer 20

3 years.

Question 21

Patty was injured when the front right tire of her car exploded while she was driving. She sued the tire manufacturer for (1) personal injuries; (2) the cost of the tire; and (3) property damage to the car, alleging that all were caused by the tire manufacturer’s breach of implied warranties that the tire was not fit for its purpose. What are the statutes of limitations for the 3 causes of actions?

Answer 21

1. Personal injury: 2 years;
2. The cost of the tire: 4 years (UCC);
3. Property damage to the car: 5 years.

Question 22

Why does the 4-year UCC statute not apply to the claim regarding damage to the car?

Answer 22

The breach of warranty action was about the tire & the damage to the car was consequential.

Question 23

How must a defendant raise a statute of limitations defense?

Answer 23

By special plea.

Question 24

Defendant commits a tort that injures Minor, who is an unemancipated minor, age 14. When does the statute of limitations start to run on Minor’s cause of action?

Answer 24

When Minor is either 18 or judicially emancipated.

Question 25

Plaintiff files suit against Defendant 7 days before the statute runs, and has Defendant properly served with process. Two weeks later, Plaintiff takes a nonsuit (dismisses the action voluntarily). What is the status of the statute of limitations?

Answer 25

Under the Saving’s Statute, Plaintiff has a right to refile within 6 months, or the Statute of Limitations period, whichever is longer.

Question 26

If a case is brought against an unknown owner or operator of a motor vehicle as “Doe,” the statute of limitations will be…

Answer 26

tolled for 3 years to give the Plaintiff a chance to discover the Defendant’s identity.

Question 27

If the Doe defendant has actual knowledge of the case within the statute of limitations, an amendment to name him specifically after the statute has run….

Answer 27

may be deemed timely.

Question 28

A plaintiff’s filing the case (will/will not) toll the statute of limitations for his own claim and for other claims arising out of the same transaction or occurrence as the plaintiff’s claims.

Answer 28

will.

Question 29

If a plaintiff files a case within _____ of the expiration of the statute of limitations, defendant may implead up to _____ past the statute’s expiration.

Answer 29

30 days; 60 days.

Question 30

Plaintiff suffers personal injuries on March 8, 2022. What is the last day on which the P can file suit?

Answer 30

March 8, 2024.