Tolling Agreement Time
The toll agreement must specify the length of time the parties suspend the statute of limitations. The threat of possible litigation is the elephant in space that makes an agreement on tolls effective. A savvy potential complainant may use this elephant as an advantage, as a potential accused may well lean back to not be prosecuted. Second, the applicant attempted to evade status by invoking the toll agreement and arguing that the defendant had been properly deterred from relying on a prescription defence. Here, the toll agreement spoke for itself. The agreement did not prevent the defendant from asserting the law, since the right was obsolete from the beginning of the toll period. Id. at `7- `8. Remember that the lawyer signed the toll contract in August 2013, but did not announce the toll until months later – in February 2014 – which is more than two years later than the complainant`s alleged complication in January 2012.
The applicants simply failed to explain the express terms of the agreement that the plaintiff became a party to the agreement on February 3, 2014, and the defendant expressly waived “a defence of the statute of limitations that could have been invoked before the toll date.” Id. at `8- `9. If there is a takeaway of this post, that`s it. The clear language of the agreement (and the erroneous timing of the lawyer) made the difference. You`re starting to see how it went. The parties continued to renew the toll contract until the applicant filed an appeal on April 13, 2018 in the Northern District of California. Was the right prescribed? The answer was clearly yes, because when the plaintiff became a party to the toll agreement, her application was already obsolete. A toll agreement provides a period of negotiation for the parties before an applicant is required to file an action to enforce legal rights. As a general rule, neither party wants to spend energy and money to prove their case in court.
Thus, an agreement on tolls pushes the parties to compromise their positions and settle down. This implicit threat of litigation, if negotiations fail, puts both sides under pressure to resolve the dispute. Before filing an appeal or starting an arbitration procedure, you should consider a simple legal instrument, called a toll agreement, that can help resolve disputes and avoid litigation altogether.