Legal disability tolling preserves limitation rights by extending filing periods until incapacity ceases, including posthumous claims. Section 6 provides that when an entitled person is a minor, insane, or an idiot at the time the limitation period would begin, the limitation is tolled and the person may sue or apply within the same period after the disability ceases. The section extends this rule to multiple or successive disabilities, allows the legal representative to sue if the disability continued until death, applies the postponement if the representative is disabled at death, and preserves the period for a representative when death occurs after disability ceases. 'Minor' includes a child in the womb.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Legal disability tolling preserves limitation rights by extending filing periods until incapacity ceases, including posthumous claims.
Section 6 provides that when an entitled person is a minor, insane, or an idiot at the time the limitation period would begin, the limitation is tolled and the person may sue or apply within the same period after the disability ceases. The section extends this rule to multiple or successive disabilities, allows the legal representative to sue if the disability continued until death, applies the postponement if the representative is disabled at death, and preserves the period for a representative when death occurs after disability ceases. "Minor" includes a child in the womb.
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