Three years after the applicable statute of limitations has expired, the Commonwealth of Pennsylvania brings an action against a manufacturer of asbestos products to recover the cost of removing asbestos from a school operated by the State. The manufacturer defends on the basis that the statute of limitations has expired and the claim has therefore lapsed. The attorney for the Commonwealth responds with four magic words: “nullum tempus occurrit regi.” With those four magic words, the statute of limitations defense literally evaporates.
Time does not run against the King is the meaning of those four words, and the doctrine allows the State (and certain other governmental agencies) to sidestep statutes of limitation where the claim asserted on behalf of the government is in the public interest or is brought to vindicate public rights or protect public property. The rationale for the rule is simple: While governmental bureaucrats are capable of making mistakes (including allowing statutes of limitation to expire), the general public should not have to pay for these mistakes. In short, the public interest outweighs the interest of the private party defending the claim brought by the state.
Another Latin phrase, tempus fugit, is better known to most of us: time flies-and it sure does. This is our third issue of our second year. Seems like only yesterday…
Time does not run against the King is the meaning of those four words, and the doctrine allows the State (and certain other governmental agencies) to sidestep statutes of limitation where the claim asserted on behalf of the government is in the public interest or is brought to vindicate public rights or protect public property. The rationale for the rule is simple: While governmental bureaucrats are capable of making mistakes (including allowing statutes of limitation to expire), the general public should not have to pay for these mistakes. In short, the public interest outweighs the interest of the private party defending the claim brought by the state.
Another Latin phrase, tempus fugit, is better known to most of us: time flies-and it sure does. This is our third issue of our second year. Seems like only yesterday…
– BBC&B