It is well established that while the six-year limitation period in contract runs from date of breach, in tort, 'actual damage' is required as the trigger for the time period. The precise date at which the requisite, sufficient damage is sustained and the identification of the nature of that damage are thorny issues that have plagued the courts for decades.
April 01, 2009 at 10:18 PM
1 minute read
The original version of this story was published on Legalweek
For negligence cases, pinpointing the exact date that damage took place is an issue on which courts have been unable to establish concrete protocol. Philip Murrin outlines three 2008 cases that could help set the rule
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