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6 Cards in this Set

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I want to sue somebody for contribution. They are a tortfeasor but they didn't actually breach a duty to the injured person. Can my suit for contribution be maintained?
No. For an action to be maintained, it is necessary for each tortfeasor have breached a duty.
What is the statute of limitations applicable to wrongful death?
2 years
In the event that a cause of action accrues in favor of an infant, how long is the SOL tolled?
10 years or 18 birthday. After that, the infant has 3 years. if the applicable sol is less than 3 years, the infant must commence in that time.
Under wrongful death, does the statute of limitations begin to run from the date of death or from the date of the appointment of a legal representative?
From the date of death. Under the statute, only the duly appointed personal representative may maintain the claim.
What is the statue of limitations for breach of contract (express or implied)?
Six years. If someone borrows your car, you've made an implied contract with them.
When you settle can you still have someone sue you for contribution?For Indemnity?
The right of indemnity is not extinguished by release. New York's General Obligations Law provides that a tortfeasor released by the plaintiff may not seek or be subject to a claim for contribution. He may though be subject to a claim for indemnity.