Del. May Extend Statute Of Limitations For Contract Claims

Law360, New York (May 28, 2014, 11:20 AM EDT) -- In many jurisdictions throughout the United States, parties to a written agreement cannot contractually extend the statute of limitations for a breach of contract claim arising from such agreement. In particular, Delaware has a three-year statute of limitations for general breach of contract claims pursuant to Section 8106 of Title 10 — Courts and Judicial Procedure Law (the "CJPL") and a separate four-year statute of limitations for a breach of contract governed by Article 2 of the Delaware UCC pursuant to Section 2-275 of Title 6 — Commerce and Trade. The statute of limitations in Delaware for a breach of contract claim may be reduced within the four corners of the contract.[1] Generally speaking, though, these statute of limitations contract claims cannot be extended beyond the statutory limits.[2]...

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