Lesson 62: Tolling and Waiver
Tolling and Waiver are essential concepts in the context of Statutes of Limitations. Understanding these can help in navigating complex legal timelines and ensuring that claims are neither prematurely dismissed nor unjustly prolonged.
What is Tolling?
Tolling refers to the legal doctrine that pauses or delays the running of the period of time set forth by a statute of limitations. Various circumstances can cause the statute of limitations to be tolled, including:
- Minority or incapacity of the plaintiff
- Discovery of the harm at a later date
- Fraudulent concealment of the harm
The statute of limitations is tolled when the plaintiff is a minor.
What is Waiver?
Waiver, on the other hand, refers to the voluntary relinquishment or abandonment of a known right. In the context of statutes of limitations, a defendant can waive the right to assert the statute of limitations as a defense.
The defendant waived the statute of limitations defense.
Conceptual Diagram
Examples and Applications
Consider a case where a plaintiff discovers harm years after it occurred:
The statute of limitations is tolled until the harm is discovered.
Conclusion
Both tolling and waiver are critical in understanding and applying statutes of limitations. They help ensure fairness and justice by accounting for unique circumstances that might otherwise unjustly bar a claim. For a deeper dive, consider reading Civil Procedure: A Coursebook.
For further reading, consider exploring related lessons on statutes of limitations such as Specific Statutes for Different Claims and Purpose and Importance.