Legal Dictionary

Equitable Tolling

Equitable tolling is a legal doctrine that allows for the suspension or extension of a statute of limitations in certain circumstances, based on principles of fairness and justice. It is typically applied when a plaintiff is unable to bring a claim within the prescribed time limit due to circumstances beyond their control.

Frequently Asked Questions

What are some common examples of circumstances that may warrant equitable tolling?

Equitable tolling may be appropriate in situations where the plaintiff was prevented from filing a claim due to fraud, concealment, or misrepresentation by the defendant, or when the plaintiff was unable to discover the existence of their claim despite exercising reasonable diligence.

How does equitable tolling differ from other tolling doctrines?

Equitable tolling differs from other tolling doctrines, such as statutory tolling, in that it is not based on a specific provision in a statute. Instead, it is a judicially created doctrine that allows for flexibility in applying the statute of limitations in a fair and just manner.
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