Define: Tolling Agreement

Tolling Agreement
Tolling Agreement
Quick Summary of Tolling Agreement

A tolling agreement is a contractual arrangement between a potential plaintiff and a potential defendant. The potential defendant agrees to extend the time for the potential plaintiff to make a decision on whether to file a lawsuit or not. This allows both parties to attempt to resolve their issues through alternative means, rather than resorting to litigation.

Full Definition Of Tolling Agreement

A tolling agreement is a legal contract that permits a potential defendant and plaintiff to extend the statutory limitations period on the plaintiff’s claim. The primary objective of this agreement is to provide both parties with additional time to settle their dispute outside of court. For instance, if John intends to sue his former employer for wrongful termination, but the statute of limitations for this type of claim is about to expire, he can enter into a tolling agreement with his former employer. This agreement will prolong the statute of limitations for a specific period, allowing both parties to negotiate a settlement without going to court. Similarly, if a person is injured in a car accident, they can enter into a tolling agreement with the driver who caused the accident to have more time to file a claim and negotiate a settlement. These examples demonstrate how a tolling agreement can be advantageous for both parties, as it enables them to resolve their dispute without going to court, saving them time and money.

Tolling Agreement FAQ'S

A tolling agreement is a contract between parties involved in a legal dispute that suspends the statute of limitations for filing a lawsuit. It allows the parties additional time to negotiate and potentially resolve their dispute before resorting to litigation.

Parties may enter into a tolling agreement to allow for more time to gather evidence, explore settlement options, or engage in negotiations without the pressure of an impending deadline. It can also provide an opportunity for parties to assess the strength of their case before deciding whether to pursue litigation.

Yes, a tolling agreement is a legally binding contract between the parties involved. It outlines the terms and conditions under which the statute of limitations is suspended and the duration of the tolling period.

Yes, a tolling agreement can be enforced in court if one party fails to comply with its terms. If a party breaches the agreement, the other party may seek legal remedies, such as specific performance or damages.

Yes, a tolling agreement can be terminated or revoked by mutual agreement of the parties involved. However, it is important to review the terms of the agreement to determine if there are any specific provisions regarding termination or revocation.

Yes, a tolling agreement can be extended if both parties agree to do so. The extension can be for a specific period or until a certain event occurs, as outlined in the agreement.

Yes, a tolling agreement can be used in various types of legal disputes, including contract disputes, personal injury claims, employment disputes, and more. It provides parties with flexibility and additional time to resolve their issues outside of court.

While tolling agreements are generally enforceable, there may be certain limitations depending on the jurisdiction and the specific circumstances of the case. It is advisable to consult with a legal professional to ensure compliance with applicable laws and regulations.

Yes, a tolling agreement can be used to toll multiple statutes of limitations if the parties agree to do so. This can be particularly useful in complex cases involving multiple claims or parties.

Yes, tolling agreements can be used in international disputes, but it is important to consider the laws and regulations of the relevant jurisdictions. It may be necessary to consult with legal experts familiar with international law to ensure compliance and enforceability.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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