VI. Statutes of Limitations

Question 1

Accrual

Answer 1

runs from accrual of claim–point at which p could sue and recover even if unaware

Question 2

discovery rule

Answer 2

in cases of bodily injury developing over period of time, limitation does not run until p discovered or should have discovered

Question 3

Indemntiy or contribution Claims

Answer 3

Claim accrues when liability imposed

Question 4

Periods for SofL

Answer 4

• Personal injury: 2yrs from injury or death
• Damage to reputation: 1 year
• Personal Prop: 4 years
• Realty(includes trespass): 4 years
• Med Mal: 2 years from injuyr not not more than five years from negligence (ultimate repose)
• Written contracts: 6 years
• Contracts for sale of good: 4 years
• Oral or implied Contracts 4 years
• Deficiences in IMprovementsi n Real Property

Question 5

1 year sofl

Answer 5

reputation

Question 6

2 year

Answer 6

med mal (but 5 years statute of repose)

Question 7

4 years

Answer 7

Personal Property

Realty (includes trespass)

Contracts for sale of goods

Oral or implied contracts

Question 8

6 year

Answer 8

written contracts

Question 9

8 years

Answer 9

deficiencies in imrpovements to real property

both injury to person or property caused

If injury occurs in 7th or 8th year, have 2 more years but no more than 10 years total.

Question 10

Mechanics of raising SOf L

Answer 10

D must allege it as an affirmative defense in asnwer