Saturday, February 6, 2010

Limitations Refresher Course

I came across a very clear explanation of the difference between a statute of limitations and a statute of repose while doing some research. I thought you might be interested.

"[A] statute of repose differs from a statute of limitations in that a statute of limitations governs the time in which lawsuits may be commenced after a cause of action has accrued, while a statute of repose extinguishes the action itself after a fixed period of time, regardless of when the action accrued." DeLuna v. Burciaga, 223 Ill. 2d 49, 61 (2006).

A statute of limitations generally does not begin to run until the plaintiff discovers (or reasonably should have discovered) his injury. By contrast, a statute of repose generally begins to run at the time of the defendant's allegedly culpable act and cuts off theright to bring a claim after a certain period of time,regardless of when or even whether the plaintiff discovers that the defendant's act caused him injury. Hinkle v. Henderson, 85 F.3d 298, 301 (7th Cir.1996)."


Waseem A. Mateen said...

That is definitely clear! Great post Mike! ... Now only the UCC (Uniform Commercial Code)was that way we would be golden.

Michael W. Huseman said...

What do you mean Waseem? I thought the UCC was clear as can be!! :)

Waseem A. Mateen said...

I guess I should have prefaced my comment with the following,

"after reading through torts and constitutional law all day, I opened my UCC book to read some more. For whatever reason I was getting hung up on the following."

§ 2-610. Anticipatory Repudiation.

When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may

(a) for a commercially reasonable time await performance by the repudiating party; or
(b) resort to any remedy for breach (Section 2-703 or Section 2-711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and
(c) in either case suspend his own performance or proceed in accordance with the provisions of this Article on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (Section 2-704).

It makes perfect sense but at the time I was beyond frustrated?

Did I mentioned I was watching the Super Bowl game while attempting to understand this?