Time Limitations (Part VII) Flashcards
The statute of limitations in a personal injury action is
2 years.
The statute of limitations for an oral contract is
3 years, unless the parties agree to a shorter time.
The statute of limitations for a UCC sales contract is
4 years, unless the parties agree to a shorter time.
The statute of limitations for a written non-UCC contract is
5 years, unless parties agree to a shorter time.
The statute of limitations for a contract governed by the law of another state but being enforced by Virginia is
the shorter of Virginia’s SOL or the other state’s SOL.
The statute of limitations for a minor or individual under disability is generally tolled until
the minority/disability is removed.
An injunction will toll the
statute of limitations.
The tolling of the statute of limitations for changing/adding a claim relates back to the initial filing if:
(i) the claim arose out of the same conduct, transaction, or occurrence;
(ii) the amending party was reasonably diligent; and
(iii) parties opposing amendment will not be substantially prejudiced.
The tolling of the statute of limitations for changing a party relates back to the initial filing if:
(i) the claim arose out of the same conduct, transaction, or occurrence;
(ii) the new party had notice within the time limit;
(iii) the new party will not be prejudiced; and
(iv) the new party knew or should have known he was the proper party.
Raising the statute of limitations as a defense must be
pleaded as an affirmative defense.
The doctrine of laches is an affirmative defense available if
a Plaintiff waited too long to bring a claim so that it is unfair to disadvantage the Defendant.
Notes:
– Only applies to equitable claims where there is no SOL.
– Does not apply to claims by the Commonwealth or local governments.
