Legal Memorandum: Statute of Limitations Breach of Contract

Issue: Is the statute of limitations for a breach of contract tooled by negotiations to resolve a breach?

Area of Law: Business Organizations & Contracts
Keywords: Statute of limitations; Breach of contract; Tolled by negotiations to resolve breach
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: None
Date: 07/01/2001

A material breach terminates a contract, see 51 Am. Jur. 2d Contracts §§ 147–148, 160 (2000).  Without a tolling statute, the limitations period is not suspended while parties to a contract attempt to negotiate a resolution to the material breach.

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