You are in the restaurant business. You enter into a contract with a supplier to provide you with your restaurant’s seafood. You shake hands and sign the contract. You went on with your business until the supplier missed out on his quota of seafood. As a result, you have to tell your customers that some of their favorite dishes are “NOT AVAILABLE.” You then consider taking legal action against your supplier for breach of contract.
When you file a case, whether civil or criminal, the law gives you a deadline to do so. This deadline varies from state to state and from one type of case to another. In California, the time frame for filing charges against a person for breach of contract is four years, if the contract is written. The deadline is two years, if the contract is oral.
The deadline is known as a statute of limitations. Nearly every legal claim has a statute of limitations. Some are as short as thirty (30) days. Others may be longer. The concept of statute of limitation came about after World War II and the war crimes trial of Nazi officers. The statute of limitations for war crimes is rather long. Still, prosecutors had to work against the clock and the calendar to locate the war criminal and file charges.
The case of the Nazi war criminals may be an example of why there is a statute of limitations in the first place. With mandated time frames, prospective plaintiffs are compelled to act with urgency and diligence in pursuing their claims. If an aggrieved party takes too long to pursue his claims they may be barred.
Thus, if you feel aggrieved or you believed your rights were violated, the first thing you have to do is consult your business law attorney as soon as you can. He will tell you the time frame you have for filing your case. It is also possible that your lawyer may even suggest that you settle the case rather than go to court.
If you feel you have been the victim of a breach of contract claim, contact us today.
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San Diego, CA 92121
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