The Puzzling Purposes of Statutes of Limitation

Pacific Law Journal, Vol. 28, No. 3 (1997).

62 Pages Posted: 14 Nov 1997 Last revised: 21 May 2018

See all articles by Tyler Trent Ochoa

Tyler Trent Ochoa

Santa Clara University School of Law

Andrew J. Wistrich

California Central District Court

Date Written: 1997

Abstract

Although statutes of limitation are an important feature of virtually every country's legal system, the policies upon which limitation of actions is based have rarely been the object of serious study. A limitation system is the product of the interplay between two competing sets of policies: those supporting the extinguishment of untimely claims, and those encouraging the resolution of all claims on their substantive merits. In this article, the authors identify seven policies favoring limitation of actions and two policies disfavoring limitation of actions, and analyze whether and to what extent each of those policies is served by a typical limitation system in the United States.

Suggested Citation

Ochoa, Tyler Trent and Wistrich, Andrew J., The Puzzling Purposes of Statutes of Limitation (1997). Pacific Law Journal, Vol. 28, No. 3 (1997)., Available at SSRN: https://ssrn.com/abstract=11337

Tyler Trent Ochoa (Contact Author)

Santa Clara University School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States
408-554-2765 (Phone)
408-554-4426 (Fax)

Andrew J. Wistrich

California Central District Court ( email )

Los Angeles, CA 90012
United States

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