Not Slavishly Nor Always - Equity and Limitation Statutes

Abstract

Equity has applied limitation statutes by analogy for centuries. The way in which that occurs is complex and poorly understood but of considerable theoretical and practical interest. It is after all no small thing for a plaintiff to be denied relief by reason of a statutory limitation which does not in terms apply to the claim, but which is regarded as applicable by analogy. An analysis of the equitable doctrine illustrates a recurring phenomenon, that of the interrelationship between statute and judge-made law, including with concepts such as concealed fraud and even the equitable doctrine of applying statutes of limitation by analogy itself being enacted in terms in statutes.