§657-20  Extension by fraudulent
concealment.  If any person who is liable to any of the actions mentioned
in this part or section 663-3, fraudulently conceals the existence of the cause
of action or the identity of any person who is liable for the claim from the
knowledge of the person entitled to bring the action, the action may be
commenced at any time within six years after the person who is entitled to
bring the same discovers or should have discovered, the existence of the cause
of action or the identity of the person who is liable for the claim, although
the action would otherwise be barred by the period of limitations. [CC 1859,
§1049; RL 1925, §2654; RL 1935, §3925; RL 1945, §10436; RL 1955, §241-19; HRS
§657-20; am L 1972, c 105, §1(1)]



 



Case Notes



 



  Where plaintiffs claimed that fraudulent concealment tolled
the statute of limitations applicable to their contract claims:  (1) material
questions of fact existed regarding the breach of the first alleged agreement;
and (2) the count alleging breach of contract under the second alleged
agreement was barred by the statute of limitations; plaintiffs had constructive
knowledge of their cause of action arising out of the second alleged agreement
no later than 1996 and the doctrine of constructive notice applied despite any
fiduciary relationship that may have existed.  360 F. Supp. 2d 1122.



  Doctrine of fraudulent concealment was inapplicable, where
plaintiffs had not brought forth evidence sufficient to support a finding that
defendant's employees took affirmative steps to conceal anything.  396 F. Supp.
2d 1150.



  Possibility that plaintiffs can show "lulling" or
fraudulent concealment is sufficient to avoid summary disposition on statute of
limitations defense.  501 F. Supp. 830.



  Applicability of statute of limitations to state securities
fraud claims discussed.  758 F. Supp. 1357.



  Construed in connection with contention that nondisclosure
amounts to concealment.  44 H. 297, 353 P.2d 820.



  Nature of fraudulent concealment.  63 H. 210, 626 P.2d 173.