continuing breach doctrine (Delaware) · Go Syfert
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continuing breach doctrine in Delaware

10 Delaware opinions name it 2 courts 2016–2026 8 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Reid v. Spaziogreen
del · 2009 · cited in 2 Delaware opinions naming this issue, 2021–2026
2 sentences

2026“Statutes of limitations generally do not begin to run ‘until all of the elements of the claim have occurred.’”146 “A cause of action for breach of contract accrues when the contract is broken, not when actual damage results 143 Spazio, 970 A.2d at 183 (quoting Wright v. Scotton, 121 A. 69 , 72–73 (Del.

2026Brad Davey et al., eds. 2d ed. 2024)). 142 Reid v. Spazio, 970 A.2d 176, 183 (Del. 2009) (citing Adams v. Jankouskas, 452 A.2d 148, 157 (Del. 1982)). – 27 – stayed for laches before, and will be stayed after, the time fixed by the analogous statute of limitations at law[.]” 143 The Court often applies the statute of limitations by analogy in a laches analysis. 144 Therefore, “[a] filing after the expiration of the analogous limitations period is presumptively an unreasonable delay for purposes of laches.” 145 Because claims for breach of contract under a continuous contractual obligation and a

12
Adams v. Jankouskasgreen
del · 1982 · cited in 1 Delaware opinions naming this issue, 2026–2026
1 sentence

2026Brad Davey et al., eds. 2d ed. 2024)). 142 Reid v. Spazio, 970 A.2d 176, 183 (Del. 2009) (citing Adams v. Jankouskas, 452 A.2d 148, 157 (Del. 1982)). – 27 – stayed for laches before, and will be stayed after, the time fixed by the analogous statute of limitations at law[.]” 143 The Court often applies the statute of limitations by analogy in a laches analysis. 144 Therefore, “[a] filing after the expiration of the analogous limitations period is presumptively an unreasonable delay for purposes of laches.” 145 Because claims for breach of contract under a continuous contractual obligation and a

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Worrel v. Farmers Bank of State of Del. green
del · 1981
2 sentences

2025That decision did not address the continuing breach doctrine, but recognized “the limitations period can be tolled in certain circumstances.” Id. (internal quotations omitted).

2025That decision did not address the continuing breach doctrine, but recognized “the limitations period can be tolled in certain circumstances.” Id. (internal quotations omitted).

32016–2025
Burger v. Level End Dairy Investors (In Re Burger) green
deb · 1991
2 sentences

2024Id. at 902 .

2016July 31, 2015) (quoting Burger, 125 B.R. at 901–02). 84 See Smith, 2010 WL 412030 , at *4. 28 The continuing breach doctrine is “narrow” and “typically is applied only in unusual situations.”85 To determine whether a breach (or series of breaches) is “continuing,” Delaware courts consider whether the breach(es) can be divided such that the “plaintiff could have alleged a prima facie case for breach of contract . . . after a single incident.” 86 If so, our courts have determined that the “continuing breach” doctrine does not apply even when confronted with “numerous repeated wrongs of similar,

32016–2024
Desimone v. Barrows green
delch · 2007
2 sentences

2026Hldgs., 2016 WL 4440476 , at *11 (citations omitted). 155 Desimone v. Barrows, 924 A.2d 908 , 924–25 (Del.

2026Hldgs., 2016 WL 4440476 , at *11 (citations omitted). 155 Desimone v. Barrows, 924 A.2d 908 , 924–25 (Del.

22016–2026
Graham v. Allis-Chalmers Manufacturing Company green
del · 1963
2 sentences

2022LLC v. The Renco Gp., Inc., 2016 WL 4440476 , at *11-13 (Del. Ch. Aug. 22, 2016) (applying the continuing breach doctrine). 45 “Hostile work environment claims brought under Title VII of the Civil Rights Act of 1964 offer the paradigmatic example of this type of continuing violation.” Graham, supra, at 281 .

2022LLC v. The Renco Gp., Inc., 2016 WL 4440476 , at *11-13 (Del. Ch. Aug. 22, 2016) (applying the continuing breach doctrine). 45 “Hostile work environment claims brought under Title VII of the Civil Rights Act of 1964 offer the paradigmatic example of this type of continuing violation.” Graham, supra, at 281 .

22022–2022
National Railroad Passenger Corporation v. Morgan green
scotus · 2002
2 sentences

2022The Supreme Court of the United States has explained that the very nature of a hostile work environment claim “involves repeated conduct.” Morgan, 536 U.S. at 115 .

2022The Supreme Court of the United States has explained that the very nature of a hostile work environment claim “involves repeated conduct.” Morgan, 536 U.S. at 115 .

22022–2022
Wright v. Scotton green
del · 1923
1 sentence

2026“Statutes of limitations generally do not begin to run ‘until all of the elements of the claim have occurred.’”146 “A cause of action for breach of contract accrues when the contract is broken, not when actual damage results 143 Spazio, 970 A.2d at 183 (quoting Wright v. Scotton, 121 A. 69 , 72–73 (Del.

12026–2026
Gearhart v. Etheridge green
gactapp · 1974
1 sentence

2016Statutes of limitations generally do not begin to run “until all of the elements of the claim have occurred.”81 In the context of breach of contract claims, the date of breach typically supplies the accrual date as the elements of the claim can be linked to the act constituting the breach.82 If the continuing breach exception applies, however, the statute begins to run the moment “full damages can be determined and recovered,”83 which may not happen until the contract terminates.84 operating expenses, notes and other debts in connection with a corporation which they sought to control.” Gearhar

12016–2016

Statutes the citing opinions construe

DE § 10 Del. C. § 8106 (10) DE § 8 Del. C. § 220 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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