Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
24 Cards in this Set
- Front
- Back
|
When does the SOL applicable to most COA's begin to run?
|
SOL runs from the date of accrual. Generally, this means from the date of injury or breach - not from the date when P discovered the harm.
|
|
|
When does the COA accrue for fraud, mistake & undue influence?
|
Fraud, Mistake & Undue Influence
COA accrues from when P discovered the harm. |
|
|
When does the COA accrue for malicious prosecution?
|
Malicious Prosecution
COA accrues when the underlying case ends. |
|
|
When does the COA accrue for contribution?
|
Contribution
COA accrues when the party has paid more than her fair share. |
|
|
When does the COA accrue in medical malpractice claims where there is a continuing course of treatment?
|
Continuing Course of Treatment
When the course of treatment ends. |
|
|
SOL - Personal Injury
|
2 Years
|
|
|
SOL - Non-Physical Torts
|
Eg. Malicious Prosecutions
2 Years |
|
|
SOL - Defamation
|
1 Year
|
|
|
SOL - Property Damage
|
5 Years
BEWARE OF NUISANCE If the nuisance is continuing, then COA accrues & SOL begins to run on the date the nuisance started. If th nuisance is intermittent, then there may be several COA's & SOL periods. |
|
|
SOL - Property Damages for Sales Covered Under the UCC
|
4 Years - as to the property on which there was a breach of warranty.
|
|
|
SOL - Fraud
|
2 Years
|
|
|
SOL - Wrongful Death
|
2 Years - from the death.
|
|
|
SOL - Written K's
|
5 Years
|
|
|
SOL - Oral K's
|
3 Years
|
|
|
SOL - Unlawful Detainer
|
3 Years - from the date the detention commenced.
|
|
|
How does D raise the issue of the SOL?
|
By special plea (affirmative defense)
|
|
|
Can D raise SOL issues by demurrer?
|
No. Demurrer cannot insert new facts.
|
|
|
What circumstances will toll the SOL?
|
Minority & insanity
|
|
|
What is the special tolling rule as it relates to medical malpractice claims and minors?
|
The SOL for the medical malpractice claim will run from the date of injury/breach, if P is at least 8 years old. P will have 2 years from that date to commence the action.
If P is under 8 at the time of the medical malpractice, then P has until he is 10 to sue. |
|
|
What must a party do if commenced an action w/in the SOL, but took a nonsuit after the SOL has passed?
|
P may refile the action w/in 6 months from the nonsuit, or the remaining SOL, whichever is longer.
|
|
|
What happens to the SOL if P brings an action against the unknown operator or owner of a motor vehicle as 'John Doe'?
|
The SOL will be tolled for 3 years to give P an chance to identify the D's.
If the intended D has knowledge of the action, P may amend to name him even after the SOL has run. |
|
|
SOL's as they relate to counterclaims and cross-claims.
|
The filing of P's action within the SOL, will toll the SOL for counterclaims and cross-claims arising from the same T/O.
|
|
|
HYPO - P suffers personal injuries on March 8, 2009. What is the lastest date P can file her action?
|
March 8, 2011
|
|
|
Is a D's promise not to plead the SOL enforceable?
|
Yes, If:
1. It is in writing; 2. It was made in furtherance of settling; 3. It was not made contemporaneously with any other K; and 4. It was made for an additional term not longer than the applicable SOL. |
