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LexisNexis Legal - Research Paper Example

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Name: Course: Instructor: Date: LexisNexis Legal Research Given the number of the different states from which the bulk of the clients of Hickey-Marco & Associates comes from, it is of great significance to understand the statutes of limitation for the various causes of action in those states…
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LexisNexis Legal Research
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Download file to see previous pages By definition, a statement of limitation refers to the enactment that exists in the legal system of common law, which puts a limit on the maximum time, that a person may seek legal proceedings after an event occurs that warrants the start of the legal proceedings. There are reasons why the statements of limitation are put in place. Among them, is that evidence may be corrupted if so much time passes by before the legal proceedings begins or are started. The section that follows in this report summarizes the statutes of limitations for the different states in which the bulk of the clients do business. The State of Michigan Personal Injury The statute of limitation against the cause of action on the grounds of personal injury can best be understood through the case laws covered in the state of Michigan. Personal injury actions must be within the first three years from the time the injury happened. If this is not pursued in time, the case may be invalid from thence onwards. The time provide for the limitation of action based on “injuries to a person or to property,” applies generally, to acts of negligence, financial loss claims, and the recovery of payments from third parties because of the personal injury. In addition, it applies due to the denial of a person’s civil rights given by the state, or by the federal government law, the invasion of privacy, and many more. When there is, an action for recovering of the damages incurred to the property and to the person, this three-year period of limitation applies. This is regardless of whether recovery of compensation for the damages experienced is sought in assumpsit or in tort, if the circumstances come up from a negligent action that constitutes a breach of express or implied contract. An action for injury to a person or to property has to be brought inside three years and not six years, so long as it is not a breach of an express promise 29 M.L.P. 2d STATUTE OF LIMITATIONS § 18. Breach of Contract The statute of limitation on the cause of a breach of contract legal proceedings is six years in the state of Michigan. This is the amount of time limitation applied to contract actions. Under this statute of limitation, a claim that is based an express provision provided by a contract between two or more parties, rather than one implied by law, has to be subjected to the limitations period of six years applied to all contract actions. On the other hand, the breach of an obligation, which the law implies on the part of one of the parties to a contract, which is owed to the other, falls under a tort, and is subject to the statute of limitations for torts, which has a limit period of three years. However, this statement of limitation does not cover fraudulent misrepresentations to the existence of a contract 29 M.L.P. 2d STATUTE OF LIMITATIONS § 22. The case of Case v. Goren, 43 Mich. App. 673, 204 N.W.2d 767 (1972), is the perfect example of how this works. Conversion A cause of action for a conversion accrues on, and limitations start to run on or after, the day of the conversion. The time limitation period for conversions is three years. This happens when authority is wrongfully acquired by a person over the other person’s personal property. Wisconsin State Personal Injury In the state of Wisconsin, actions to recover the damages that result from the injuries to ...Download file to see next pagesRead More
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