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38
Discovery Rule
Discovery rule- cause of action will not accrue until injured party discovers, or by exercise of reasonable diligence and intelligence should have discovered, facts which form basis of a cause of action
→ equity/mitigate unjust results
→ shift burden onto P to prove S of L should not accrue
→ must show due diligence
o Differs from traditional statute of limitations in that she has a chance for recovery here
o Discourages theft, how much can someone know what is in their house?
P must prove:
1. Due diligence
2. Effective method
3. Reasonably prudent purchaser on constructive notice
→ equity/mitigate unjust results
→ shift burden onto P to prove S of L should not accrue
→ must show due diligence
o Differs from traditional statute of limitations in that she has a chance for recovery here
o Discourages theft, how much can someone know what is in their house?
P must prove:
1. Due diligence
2. Effective method
3. Reasonably prudent purchaser on constructive notice
