Definition
"Of limitations" is not a standalone legal term but a qualifying phrase that completes compound terms and statutory expressions — most commonly "statute of limitations," "period of limitations," "running of limitations," and "bar of limitations." As a phrase fragment, it carries no independent legal meaning; its significance is entirely contextual, derived from whichever compound term it belongs to.
In ordinary legal usage, the phrase signals a temporal boundary imposed by law on the right to bring a claim or enforce a remedy. When a court or treatise says that "the period of limitations has run" or that a claim is "barred of limitations," the phrase marks the expiration of a legally prescribed deadline after which a cause of action is extinguished or rendered unenforceable.
The phrase also appears in non-procedural legal contexts, including:
1. Limitation of liability — A doctrine or contractual provision capping the maximum amount a party may owe, distinct from time-based limitations.
2. Limitations on powers — Constitutional or statutory restrictions on governmental or private authority (e.g., limitations on taxing power, limitations on testamentary freedom).
3. Tax limitations — Specific caps or phase-outs applied to deductions, credits, or other tax benefits under applicable revenue law.
Common Confusion
"Of limitations" is frequently encountered as a fragment of "statute of limitations," which itself is sometimes confused with "statute of repose." Both impose time-based bars, but they operate differently: a statute of limitations begins running when a claim accrues (often when the injury is discovered), and may be subject to tolling; a statute of repose runs from a fixed external event (such as the date of product manufacture or construction completion) and is generally not subject to tolling. Researchers encountering "limitations" language in historical sources should determine which type of bar is at issue before drawing conclusions about the effect on a claim.
"Limitation of actions" (the traditional common-law phrase) and "statute of limitations" (the modern American phrase) refer to the same concept. Older sources, including Bouvier's, consistently use "limitation of actions" rather than "statute of limitations."
Why It Matters in Research
Because "of limitations" is a phrase fragment rather than a headword, researchers will rarely find it indexed independently. Bouvier's directs readers immediately to the LIMITATIONS entry, which is the correct destination for substantive doctrine. When conducting corpus research, treat "of limitations" as a pointer — its value is in identifying which compound term is operative in the source text.
Historical sources present a particular challenge: the phrase "running of the statute" was common shorthand in nineteenth-century opinions and treatises where the full compound "statute of limitations" was assumed. A document that speaks of time "running of limitations" or a right "barred of limitations" may be using an elliptical construction whose full meaning depends on surrounding context.
In tax law, "limitations" language carries additional complexity. The Internal Revenue Code uses "period of limitations" to govern both the government's right to assess and the taxpayer's right to claim a refund — two separate clocks that may not run concurrently. Tax corpus researchers should identify which direction the limitation runs (government v. taxpayer) and whether any suspension or extension applies.
In admiralty and maritime law, "limitation of liability" is a term of art governed by a distinct federal statutory scheme, entirely separate from statutes of limitations governing the timeliness of suits. The conceptual overlap between "limitation" as a time bar and "limitation" as a liability cap has generated confusion in general legal writing; researchers should confirm which usage is operative.
Historical Dictionary Support
Bouvier's Law Dictionary treats "of limitations" as a pure cross-reference, describing it as "a metaphorical expression, by which is meant that the time mentioned in the statute of limitations is considered as passing," and directing the reader to LIMITATIONS. This is consistent with Bouvier's general approach of acknowledging compound-phrase fragments as navigational entries rather than substantive ones.
The entry's characterization of the phrase as "metaphorical" is instructive: nineteenth-century legal writers understood that time does not literally "run" or "pass" as a legal matter — the phrase was recognized even then as figurative shorthand for the legal consequences that attach when a prescribed period expires. Modern sources have largely dropped this metaphorical framing and speak more directly of claims being "time-barred" or "outside the limitations period."
No significant divergence exists among historical dictionaries on this phrase because it is not treated as a substantive term in any of them. The substantive doctrine lives under LIMITATIONS, STATUTE OF LIMITATIONS, and LIMITATION OF ACTIONS.
Encyclopedia Cross-Reference
Limitation of Liability — Shipowner's Right to Limit, Privity or Knowledge, and the Limitation Fund (The Law Mind Military, Veterans & Admiralty Law Encyclopedia)
Phase-Outs and Limitations: Pease Limitation (The Law Mind Tax Encyclopedia)