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Litigation

Michigan Law Review

1933

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Fraudulent Concealment And Statutes Of Limitation, John P. Dawson May 1933

Fraudulent Concealment And Statutes Of Limitation, John P. Dawson

Michigan Law Review

In a recent article the writer has discussed a common exception to statutes of limitation - the exception for claims based on undiscovered "fraud." It was there pointed out how useful this exception has been made through the wide definition of "fraud" that is now fully established. By judicial decision "fraud" has been extended far beyond the field of misrepresentation of fact into the twilight zones of "constructive fraud" and out toward the open spaces of naked tort. But some boundaries had to be fixed even to the extension of substantive principles by the painless process of definition. There remained …