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6 Cards in this Set
- Front
- Back
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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?
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No. For an action to be maintained, it is necessary for each tortfeasor have breached a duty.
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What is the statute of limitations applicable to wrongful death?
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2 years
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In the event that a cause of action accrues in favor of an infant, how long is the SOL tolled?
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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.
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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?
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From the date of death. Under the statute, only the duly appointed personal representative may maintain the claim.
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What is the statue of limitations for breach of contract (express or implied)?
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Six years. If someone borrows your car, you've made an implied contract with them.
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When you settle can you still have someone sue you for contribution?For Indemnity?
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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.
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