Hunter v. Finau
Hunter v. Finau, 2024 UT App 17 (Tenney, J.)
Civil Procedure
Plaintiff sued Defendants alleging multiple claims including breach of contract. Defendants filed a motion to dismiss arguing the claims were barred by the applicable statute of limitations. The district court dismissed the suit. Plaintiff appealed. The Utah Court of Appeals affirmed, holding:
- The district court correctly dismissed each of the claims.
- Practice tip: In a breach of contract action, the statute of limitations ordinarily begins to run when the breach occurs.
- Practice tip: Condition precedent and anticipatory breach are distinct legal theories. A condition precedent analysis looks to whether an event has triggered a party’s contractual obligations. An anticipatory breach analysis looks to whether an already-obligated party has done something to indicate that it no longer intends to comply with its contractual obligation.