Does the statute of fraud begin to run at the death of the promisor?
California, United States of America
The following excerpt is from Day v. Greene, 24 Cal.Rptr. 443 (Cal. App. 1962):
Where the action is clearly one for quasi-specific performance, the statute commences to run at the death of the promisor. (Ludwicki v. Guerin, supra, 57 Cal.2d 143, 147, 17 Cal.Rptr. 823, 367 P.2d 415.) This appears to be inconsistent with the application of the fraud section of the statute of limitations because in such case the statute does not begin to run until the fraud is discovered.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a later, more specific statute controlling over an earlier statute, even though the later statute would by its terms cover the present situation? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
What is the statute of limitations for a fraud-related crime of grand theft, elder theft, securities fraud and sales of unqualified or nonexempted securities? (California, United States of America)
Does the fact that the alleged fraud may have resulted from conspiracy or intrinsic to extrinsic fraud change the definition of conspiracy to commit an act of fraud? (California, United States of America)
What is the effect of the statute of limitations on a claim for damages arising out of the death of a promisor? (California, United States of America)
What is the applicable statute of limitations for a claim for constructive fraud, breach of contract and constructive fraud? (California, United States of America)
In what circumstances can localities proceed to enforce a statute of doubtful constitutionality by disobeying the statute? (California, United States of America)
Is the language in elder abuse statutes the same as that in child abuse statutes? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
Does the penalty of death on death row apply to a defendant who killed two people in a motor vehicle accident? (California, United States of America)
