Section 8.15 Statute of Limitations and Laches

• Library: Tort Law 2016

A. (§8.15) Statute of Limitations and Laches

The statute of limitations for fraud is five years and accrues upon discovery by the aggrieved party. Section 516.120(5), RSMo 2000 ("An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within 10 years, of the facts constituting the fraud."); see alsoCrawford v. Smith, 470 S.W.2d 529, 533 (Mo. banc 1971). As long as the victim discovers the fraud within 10 years of the facts constituting fraud, the victim has five years to sue. Id. Accordingly, there is up to a 15-year limitations period for a fraud suit. SeeYeager v. Wittels, 517 S.W.2d 457, 465 (Mo. App. E.D. 1974); Estate of Bernskoetter, 693 S.W.2d 249, 253 (Mo. App...