Colorado § 13-82-106 - Unfairness.
Full text of Colorado Colorado Revised Statutes § 13-82-106 — Unfairness., with citation guidance and answers to common questions.
§ 13-82-106. Unfairness.
If the court determines that the limitation period of another state applicable under sections 13-82-104 and 13-82-105 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon or imposes an unfair burden in defending against the claim, the limitation period of this state applies.
Source: L. 84: Entire article added, p. 478, § 1, effective July 1.
ANNOTATION
Where length of foreign government's statute of limitations was not so fundamentally unfair or unjust as to be repugnant to Colorado's public policy, section does not provide a basis for non-recognition of a final, conclusive foreign judgment. Milhoux v. Linder, 902 P.2d 856 (Colo. App. 1995).
The plain language of this section limits its applicability to cases in which a court determines under the Uniform Conflict of Laws-Limitations Act (and not § 13-80-110) that a claim is barred by the limitations period of another state. Jenkins v. Haymore, 208 P.3d 265 (Colo. App. 2007), aff'd, 208 P.3d 238 (Colo. 2009).
Contractual choice-of-law provision was clear and unambiguous that the state in which plaintiff's predecessor in interest was headquartered when the contract was executed was the parties' designation as their choice-of-law state. Mtn. States Adjustment v. Cooke, 2016 COA 80, 412 P.3d 819.
The fact that a contractual choice-of-law provision does not include words such as "shall", "exclusively", or "only" does not necessarily make the provision permissive; no specific language is required to make such a provision mandatory. Mtn. States Adjustment v. Cooke, 2016 COA 80, 412 P.3d 819.
Frequently Asked Questions About Colorado § 13-82-106
What does Colorado Revised Statutes § 13-82-106 cover?
Section 13-82-106 ("Unfairness.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-82-106?
A common citation format is "Colorado Revised Statutes § 13-82-106" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-82-106 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.