Which claim uses the longer of the two periods to determine SOL?

Which claim uses the longer of the two periods to determine SOL?

• A. Fraud
• B. Equity claims
• C. Replevin
• D. Recognition of judgment

Answer: (A)

When a claim could be governed by more than one statute of limitations, the rule is to apply the longer period. Fraud often fits this situation because it can be treated as either a breach of contract (a contract-based period) or as a tort (a tort-based period). Courts therefore apply the longer of the two possible limitation periods to fraud claims to prevent unfair loss of the right to sue. The other options don’t involve choosing between two different limitation periods for the same claim: replevin, equity claims, and recognition of judgments each have their own standard time rules that don’t hinge on selecting between contract and tort periods.

When a claim could be governed by more than one statute of limitations, the rule is to apply the longer period. Fraud often fits this situation because it can be treated as either a breach of contract (a contract-based period) or as a tort (a tort-based period). Courts therefore apply the longer of the two possible limitation periods to fraud claims to prevent unfair loss of the right to sue. The other options don’t involve choosing between two different limitation periods for the same claim: replevin, equity claims, and recognition of judgments each have their own standard time rules that don’t hinge on selecting between contract and tort periods.