14103203D
HOUSE BILL NO. 398
Offered January 8, 2014
Prefiled January 3, 2014
A BILL to amend and reenact §8.01-230 of the Code of
Virginia, relating to accrual of right of action; discovery.
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Patron-- Fariss
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §8.01-230 of the Code of Virginia is amended and
reenacted as follows:
§8.01-230. Accrual of right of action.
In Except where otherwise provided under §
8.01-233, subsection C of §8.01-243, subsection C of §8.01-245, §
8.01-249 or 8.01-250,
or any other statute, in every action for which a
limitation period is prescribed, the right of action shall be deemed to accrue
and the prescribed limitation period shall begin to run
from the:
1. From the date the injury is sustained
or, if the injury is not reasonably discoverable
on the date the injury is sustained,
from the date the injury or damage is discovered
or, in the exercise of due diligence, reasonably should have been discovered
in the case of injury to the person or damage to property,
when; or
2. When the breach of contract occurs
in actions ex contractu and not when the resulting damage
is discovered, except where the
relief sought is solely equitable or where otherwise provided under §8.01-233,
subsection C of §8.01-245, §§8.01-249, 8.01-250 or other statute in actions ex contractu.
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