I am having trouble understanding the difference between statute of repose versus statute of limitations. Mainly because the definitions in AHPP (page 176) seem to be the opposite of the black spectacles flash card definitions.
Anyone else finding this the case? It’d be nice if the flash cards were more in line with the definitions in AHPP
Hello!
I agree that the definitions in the AHPP on page 176 are a little confusing. I think the definitions in Appendix B of the AHPP are more straight forward and are more closely aligned to Black Spectacles flashcards. Here’s what the appendix page 1136 says:
Statute of repose: A statute limiting the time within which an action may be brought, without relation to whether injury has yet occurred or been discovered. The time begins when a specific event occurs, such as substantial completion of a project, and the statute of repose may extinguish the remedy even before a cause of action has accrued.
Statute of limitations: A statute specifying the period of time within which legal action must be brought for legal relief after an alleged injury or damage has occurred. The lengths of the periods vary from state to state and depend upon the type of legal action.
I found a great explanation that incorporates an example on a forum that I think better sums up what those definitions are really trying to convey, here is the snippet:
Statute of Repose: a hard deadline on the time window, in which an owner can sue the architect. Imagine a statute of repose of 10 years from substantial completion. If a leaky roof slowly rots the rafters, and the leak started before the 10-year mark, but the discovery of the rotten rafters occurred after the 10-year window, the owner waives the right to take the architect to court.
Statute of Limitations: a more flexible deadline. Imagine instead there is a 10-year statute of limitations from substantial completion. Now the judge has the flexibility to rule that because the leak started before the time limit, the suit can proceed even though the discovery of the rotten wood occurred after the 10 year time limit.
Link: https://are5community.ncarb.org/hc/en-us/community/posts/360051763113-Statute-of-Repose-VS-Statute-of-Limitation
I think the flashcards are just tough because they just contain simplified definitions and not examples, and in this case I think examples are super helpful to really grasp the difference. Here’s another link with more thorough explanation that I found helpful: Statute of Repose vs. Statute of Limitations
I hope this helped!