Statutes of Limitations Flashcards
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.
laches
Generally, equity _______, and the statute of limitation applies.
follows the law
The general rule is that the statute starts to run from _____ of the cause of action.
Accrual
Accrual of an action means…
The Virginia statute runs from the date of injury or breach.
As an exception to the general rule, for actions of fraud, mistake, or undue influence, the cause of action accrues when…
the plaintiff discovered the harm (or when a reasonable person would have discovered the harm).
As an exception to the general rule, for malicious prosecution actions, the cause of action accrues when…
the underlying case ends.
As an exception to the general rule, for contribution claims, the cause of action accrues when…
one or more pays more than her fair share.
As an exception to the general rule, for medical malpractice actions where the treatment/service is continuous, the action accrues…
at the end of the relative course of treatment.
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?
No, the cause of action would accrue at the end of the relative course of treatment.
The statute of limitations for personal injuries is…
2 years.
The statute of limitations for nonphysical personal torts is…
2 years.
The statute of limitations for defamation is…
1 year.
The statute of limitations for property damage is…
5 years.
The statute of limitations for property damage for sales covered by the UCC is…
4 years.
The statute of limitations for fraud is…
2 years.
The statute of limitations for wrongful death is…
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.]
The statute of limitations for written contracts is…
5 years.
The statute of limitations for unwritten contracts is…
3 years.
When the law of another state or country applies to a contract, Virginia has a ________ that requires the application of the shortest time limitation.
“borrowing statute”
The statute of limitations for unlawful detainer is…
3 years.
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?
- Personal injury: 2 years;
- The cost of the tire: 4 years (UCC);
- Property damage to the car: 5 years.
Why does the 4-year UCC statute not apply to the claim regarding damage to the car?
The breach of warranty action was about the tire & the damage to the car was consequential.
How must a defendant raise a statute of limitations defense?
By special plea.
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?
When Minor is either 18 or judicially emancipated.
