Statute of repose

Civil procedure in the United States
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A statute of repose (sometimes called a nonclaim statute), like a statute of limitation, is a statute that cuts off certain legal rights if they are not acted on by a certain deadline.

Statutes of repose and statutes of limitation

However, most courts hold that statutes of repose are a broader category. They differ from statutes of limitation, in that the deadlines imposed by statutes of repose are enforced much more strictly. The operation of statutes of limitation can be avoided or tolled by a number of equitable factors, such as the minority of the injured party, or attempts by a tortfeasor to conceal evidence of responsibility. Some statutes of limitation only begin to run when the injury complained of is discovered. All statutes of limitation are statutes of repose, but some statutes of repose operate differently from statutes of limitation.

A statute of repose may impose a much stricter deadline than a statute of limitation. A statute of repose, in contrast to a statute of limitations, "is designed to bar actions after a specified period of time has run from the occurrence of some event other than the injury which gave rise to the claim."^[1]

Statutes of repose exist in a number of contexts. Some states have them in the context of products liability law. Probate law is another area where statutes of repose are found in many jurisdictions.

Simply put, the difference is that a statute of limitations is triggered by an injury, while a statute of repose is triggered by the completion of an act. An example of the statute of repose trigger is when a construction project is "substantially completed," meaning that just those items on a "punch list" remain.

In products liability

As such, a statute of repose may bar a remedy even before a cause of action arises. For example, in a products liability action, a statute of limitation may apply to bar lawsuits a set number of years after the product causes an injury; but a statute of repose may also apply, barring an action after a certain number of years from the date when the product was initially delivered.^[2] For example, if a defective product sold to a consumer more than ten years ago injures someone, a ten-year statute of repose (which starts on the product's purchase date) might bar a claim even if the statute of limitation (which starts on the date of injury) does not.

Because statutes of repose, unlike statutes of limitation, impose an absolute bar to actions against manufacturers, usually after the goods are delivered or installed rather than the date when they cause harm, they are strongly favoured by industry trade groups and opposed by consumer organizations and tort lawyers. In the United States, statutes of repose are a part of legislative proposals for "tort reform".

In estate administration

Some states have statutes of repose in the administration of decedent's estates, requiring actions such as will contests^[3] or claims that the estate owed money to a creditor^[4] are barred by statutes of repose unless brought within the prescribed period under which the claimant or creditor may act.^[5]

These statutes, the original nonclaim statutes, are less controversial. Public policy favours the distribution of estates to the heirs with all deliberate speed; after this, the estate is empty. Creditors of the decedent who do not act upon receiving actual or constructive notice that an estate has been opened have their claims cut off, and cannot disturb the peaceful possession of the distributed assets by the heirs.

References

1. ^ Gray v. Daimler Chrysler Corp., 821 N.E.2d 431 (Ind.Ct.App 2005); Kissel v. Rosenbaum, 579 N.E.2d 1322, 1326 (Ind.Ct.App.1991).
2. ^ See, for example, Ind. Code 34-20-3-1
3. ^ In re Estate of Brown, 587 N.E.2d 686 (Ind. Ct. App. 1992)
4. ^ In re Estate of McNabb, 744 N.E.2d 569, (Ind. Ct. App. 2001)
5. ^ For example, Ind. Code 29-1-14-1.

This legislation article is a stub. You can help Wikipedia by expanding it.v · Categories: Statute stubs Civil procedure Statutory law Wikimedia Foundation. 2010. Игры ⚽ Нужно решить контрольную? Cambie Shade (disambiguation) Look at other dictionaries: statute of repose — statute of re·pose / ri pōz/: a statute that bars a cause of action after a period of time running from a particular act (as the delivery of a product) or event even if the cause of action has not accrued (as upon discovery of a defect) the… …   Law dictionary statute of repose — see statute of limitations …   Useful english dictionary statute of limitations — 1 a: a statute establishing a period of time from the accrual of a cause of action (as upon the occurrence or discovery of an injury) within which a right of action must be exercised compare laches, statute of repose b: a criminal statute… …   Law dictionary Statute of limitations — A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. In civil law systems, similar provisions are… …   Wikipedia statute — A formal written enactment of a legislative body, whether federal, state, city, or county. An act of the legislature declaring, commanding, or prohibiting something; a particular law enacted and established by the will of the legislative… …   Black's law dictionary repose statutes — See statute (statute of repose) …   Black's law dictionary repose statute — A statute of limitation. 34 Am J1st Lim Ac § 10 …   Ballentine's law dictionary limitation — Restriction or circumspection; settling an estate or property. A certain time allowed by a statute for bringing litigation (see statute of limitations, below). The provisions of state constitution are not a grant but a limitation of legislative… …   Black's law dictionary limitation — Restriction or circumspection; settling an estate or property. A certain time allowed by a statute for bringing litigation (see statute of limitations, below). The provisions of state constitution are not a grant but a limitation of legislative… …   Black's law dictionary Illinois — • One of the United States of America, bounded on the north by Wisconsin, on the west by the Mississippi, which separates it from Iowa and Missouri, on the south by the confluent waters of the Mississippi and the Ohio, which separate it from… …   Catholic encyclopedia 18+ © Academic, 2000-2024 Contact us: Technical Support, Advertising Dictionaries export, created on PHP, Joomla, Drupal, WordPress, MODx. Mark and share Search through all dictionaries Translate… Search Internet Share the article and excerpts Direct link … Do a right-click on the link above and select “Copy Link”