Legal Definitions - Toll

The term "toll" has several distinct meanings in a legal context, as well as a common meaning related to fees.

1. To pause or suspend a time period:

• This refers to the act of temporarily stopping the countdown of a legal deadline, such as a statute of limitations. When a period is "tolled," the clock stops running for a certain duration and then resumes from where it left off once the tolling event ends.
• Example 1: Imagine a state law that requires a lawsuit for medical malpractice to be filed within two years of the injury. If the injured person is a minor, the statute of limitations might be tolled until they reach the age of 18. This means the two-year clock doesn't start running until their 18th birthday, rather than from the date of the injury.
• Explanation 1: In this scenario, the legal status of being a minor pauses the normal two-year period, ensuring the individual has a fair opportunity to pursue their claim once they are legally an adult.
• Example 2: A person is injured in an accident, and the statute of limitations to file a personal injury lawsuit is three years. However, the at-fault party leaves the country and cannot be located for a year. In many jurisdictions, the statute of limitations might be tolled during the period the defendant is absent and cannot be served with legal papers.
• Explanation 2: The defendant's unavailability temporarily stops the three-year clock, preventing the plaintiff from losing their right to sue simply because the defendant cannot be found. Once the defendant returns or is located, the clock resumes.

2. To invalidate or take away a right or claim:

• In this sense, "toll" means to prevent or negate a legal right or privilege from being exercised or established.
• Example 1: A property owner has a fence that encroaches slightly onto their neighbor's land. The neighbor, wanting to prevent the owner from eventually claiming ownership of that strip through "adverse possession" (a legal concept where long-term, open use can lead to ownership), periodically sends a formal letter asserting their ownership and demanding the fence be moved. These actions could effectively toll any potential claim of adverse possession by the encroaching neighbor.
• Explanation 1: By actively asserting their rights, the neighbor prevents the continuous, uninterrupted period required for adverse possession from being met, thereby invalidating the encroaching owner's potential claim.
• Example 2: A construction contract specifies that any claims for defects must be submitted in writing within 30 days of discovering the defect. If a contractor discovers a defect but fails to provide written notice within that timeframe, their right to demand a remedy for that specific defect might be tolled.
• Explanation 2: The failure to meet the contractual condition (timely written notice) negates or takes away the contractor's ability to enforce their claim for the defect.

3. A fee paid for the use of a service or infrastructure:

• This is the most common and non-legal understanding of the word, referring to a charge for using a road, bridge, tunnel, or other facility.
• Example 1: Drivers traveling on a specific turnpike often encounter booths or electronic sensors where they must pay a toll to continue their journey.
• Explanation 1: This payment is a fee for the privilege of using that particular stretch of road, which is typically maintained or built by a private entity or a government agency that funds it through these charges.
• Example 2: A commercial vessel navigating through a major shipping canal, such as the Panama Canal, is required to pay a substantial toll based on its size and cargo.
• Explanation 2: This fee grants the vessel permission to use the canal, providing a shortcut that saves significant time and fuel compared to sailing around a continent.