The Statute Of Limitations And The Statute Of Repose Coursework Example
Differentiating the Statute of Limitation and the Statute of Repose
The statute of limitation is a law established by the state, which limits the amount of time one has to file a lawsuit. The time established by the statute of limitation begins when one is injured, the occurrence of a valid cause of action, or it becomes possible to sue for a valid cause of action in a court of law. On expiration of the set time, however, one is considered time-barred, and filing the lawsuit becomes impossible. While, the statute of repose, is a law that establishes a specific period upon which a lawsuit could be filed or upon which the time for filing the suit expires. However, despite there being a lot of legal actions that could warrant the statute of repose, many States limit it to cases involving product liability, premises liability; more so those alleging faults in design or construction and some cases medical negligence claims. The differences between the statute of limitation and the statute of repose are;
When it starts to run
The statute of limitation is activated once an injury occurs or a cause of action is discovered. Whereas the statute of repose is set off by the completion of the venture or the attainment of the commencement date. For instance, in a construction suit, a statute of limitation will take effect once the damage is discovered. While a statute of repose could only take effect on substantial completion of the project (Schlueter, Mahoney & Ross, 1).
The statute of limitation is triggered by an injury or a legal cause of action while the statute of limitation is set off by the arrival of a date. Given the situation, the two statutes could run concurrently, or one could occur first, and even its time run out before the commencement of the other statute (Schlueter, Mahoney & Ross, 1). Take, for instance; an injury could occur during construction before substantial completion, making it easier...
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