ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Saturday, February 12, 2005

Cases--Limitations--UCC 2-725 trumps sovereign immunity

The statute of limitations in U.C.C. § 2-725 trumps state common law and statutory sovereign immunity, according to the Texas Court of Appeals.

In the case, a local hospital district, conceded to be a government entity, used GE equipment in a new electrical system it had installed.  It claimed that the equipment was defective, but it waited five years after the goods were delivered to bring the action.  GE moved to dismiss for failure to comply with the statute of limitations.

A government instrumentality is a “person,” said the court, and a “person” who engages in a transaction is a “party” under  § 1-201(b).  Under § 2-725, a “party” must bring the action within four years.  That means the hospital is covered.  Texas has a general statute that provides that state entities are not bound by various statutes of limitations, but the one in § 2-725 isn’t specifically listed.  The action was therefore barred.

Tarrant County Hospital District v. GE Automation Services, 2005 Tex. App. LEXIS 699 (Jan. 27, 2005)

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i have issues with a case where mark was tortured by the president of country A. mark is a national of country B. and now seeks to sue the president of Country A (who has since left office) he seeks to bring the action in country B but is constrained by the limitation laws of country B which specify a limitation period of 5years for torts. the act of torture is over 5 years old. is thre any doctrine, rule or custom of international law to the effect that whilst a person enjoys sovereign immunity, time - with respect to limitation of actions - ceases to run in his favour? i would be glad if ypou could respond to this please.

Posted by: Adolphous | Jun 15, 2005 4:49:00 AM

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