Tolling Provision
A clause suspending limitations periods while claimants wait in a batching or bellwether queue.
Without tolling, a batching regime that takes a decade to reach a claimant will hand the respondent a limitations defence when it finally does. Tolling is therefore the structural fix that makes staged processing defensible — but only if it is symmetrical. A tolling clause that lets the drafter contest whether a claimant's notice was complete, run the clock while that question is litigated, and then invoke limitations has been held substantively unconscionable.
See also
- BatchingA contractual mechanism releasing mass demands in fixed tranches rather than all at once.
- Statute of LimitationsThe period within which a claim must be brought, running from accrual.
- Tolling AgreementA contract suspending the limitations period while claims are evaluated outside litigation.
- Substantive UnconscionabilityTerms so one-sided as to shock the conscience.
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