Statute of repose
Encyclopedia
A statute of repose like a statute of limitation, is a statute
that cuts off certain legal rights if they are not acted on by a certain deadline.
of the injured party, or attempts by a tort
feasor 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."
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.
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 group
s and opposed by consumer organization
s and tort
lawyer
s. In the United States
, statutes of repose are a part of legislative proposals for "tort reform
".
s or claims that the estate owed money to a creditor are barred by statutes of repose unless brought within the prescribed period under which the claimant or creditor may act.
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.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
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 minorityAge of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
of the injured party, or attempts by a tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
feasor 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."
Statutes of repose exist in a number of contexts. Some states have them in the context of products liability law. Probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
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. 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 group
Industry trade group
A trade association, also known as an industry trade group, business association or sector association, is an organization founded and funded by businesses that operate in a specific industry...
s and opposed by consumer organization
Consumer organization
Consumer organizations are advocacy groups that seek to protect people from corporate abuse like unsafe products, predatory lending, false advertising, astroturfing and pollution.Consumer organizations may operate via protests, campaigning or lobbying...
s and tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s. In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, statutes of repose are a part of legislative proposals for "tort reform
Tort reform
Tort reform refers to proposed changes in common law civil justice systems that would reduce tort litigation or damages. Tort actions are civil common law claims first created in the English commonwealth system as a non-legislative means for compensating wrongs and harm done by one party to...
".
In estate administration
Some states have statutes of repose in the administration of decedent's estates, requiring actions such as will contestWill contest
A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator...
s or claims that the estate owed money to a creditor are barred by statutes of repose unless brought within the prescribed period under which the claimant or creditor may act.
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
Constructive notice
Constructive notice also known as the Doctrine of Constructive Notice is a legal fiction used in the law of both common law and civil law systems to signify that a person or entity is legally presumed to have knowledge of something, even if they have no actual knowledge of it.-Intellectual...
that an estate has been opened have their claims cut off, and cannot disturb the peaceful possession of the distributed assets by the heirs.