Breach of implied contract is a serious legal matter and a common occurrence in California. Sometimes, parties enter into an agreement without a formal contract, which is called an implied contract. In such situations, the involved parties form a mutual understanding that gives rise to obligations and expectations. However, when one party fails to fulfill their end of the bargain, it becomes a breach of implied contract, and the aggrieved party can sue for damages.
In California, the statute of limitations for a breach of implied contract is two years from the date of the breach. This means that the injured party must initiate legal action within two years of the breach; otherwise, their claim will be time-barred. The statute of limitations serves as a legal time limit, and once it expires, the court will refuse to hear the case.
It`s critical to note that the two-year limitation starts running from the date of the breach and not the date the other party discovered the breach. So, if you discover a breach of implied contract one year after it occurred, you still have only one additional year to file a lawsuit.
However, the statute of limitations can be extended under certain circumstances. For example, if the other party conceals the breach, the two-year period may commence from the date of discovery, rather than the date of the breach. Additionally, if the injured party is under the age of 18 or mentally incapacitated at the time of the breach, they may have additional time to file a lawsuit.
Furthermore, if the breach involves the sale of goods under the UCC, a different statute of limitations applies. The UCC statute of limitations is four years from the date of the breach. Therefore, depending on the type of case, different statute of limitations may apply, and as such, it’s important to seek the advice of a qualified attorney.
In conclusion, the California breach of implied contract statute of limitations is two years from the date of the breach. It is essential to initiate legal action within the two-year period; otherwise, your claim will be time-barred. If you need to pursue a claim for breach of implied contract, it is crucial to seek the advice of a knowledgeable attorney who can help you navigate the legal process effectively.