Doctrine of contra non valentem

Doctrine of contra non valentem,

Definition of Doctrine of contra non valentem:

  1. Legal principle that the statute of limitations is not applicable, or a prescriptive period does not begin to run, against a plaintiff where (1) some legal cause prevented a court or its officer from acting on a plaintiffs action, (2) some condition associated with the litigation process prevented the plaintiff from acting, (3) the defendant prevented the plaintiff from acting, or (4) the plaintiff is ignorant of the injury caused by the defendant, and his or her ignorance is not due to negligence, unreasonableness, or a willful act. The plaintiff bears the burden to show the court why the prescription has not run. The #4 reason is separately called equitable tolling doctrine. The full term is contra non valentem agere nulla currit praescriptio, which is Latin for, [a] prescription does not run against one who is unable to act.

Meaning of Doctrine of contra non valentem & Doctrine of contra non valentem Definition