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Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). [2] Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the ...
Warranty tolling. refers to a legal requirement, in some jurisdictions, that the timeframe provided in a shall be (paused) to protect the consumer from unfairly being deprived of its protections. For example, under California Civil Code Sections 1795.6 and 1795.7, tolling occurs when the buyer delivers goods to be repaired or provides notice of ...
Contract law. Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States. The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law.
Statute of limitations. A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. [1] [2] In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and ...
Fraudulent concealment. Fraudulent concealment is a common law doctrine that may be invoked to toll a statute of limitations. Under this doctrine, if a defendant has concealed his misconduct, then the limitations period shall start from the point when the plaintiff discovers his claim, or should have discovered it with due diligence. [1]
Unconscionability. Williams v. Walker-Thomas Furniture Co., 350 F.2d 445 (D.C. Cir. 1965), was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of unconscionability as a defense to enforcement of contracts in American contract law. As a staple of first-year law school contract law courses, it has been briefed ...
Take-or-pay contract. A take-or-pay contract, or a take-or-pay clause within a contract, is a payment obligation agreed between companies and their suppliers or customers. With this kind of contract, the company/customer either takes the product from the supplier or pays the supplier a penalty. For any product the company takes, it agrees to ...
L'Estrange v F Graucob Ltd [1934] 2 KB 394 is a leading English contract law case on the incorporation of terms into a contract by signature. There are exceptions to the rule that a person is bound by his or her signature, including fraud, misrepresentation and non est factum . Lord Denning, as a young barrister, represented the company in this ...