Contracts
A statement of a cause of action for breach of contract requires the pleading of (1) a contract, (2) plaintiff's performance or excuse for non-performance, (3) defendant's breach, and (4) damage to plaintiff therefrom. -
Pac. Grading Corp. v. Constr. Servs. of Samoa, CA No. 43-02, slip op. (Trial Div. May 3, 2012) (order granting ASG’s mot. for summ. j.)
A contract-breach claim that is not violative of this Territory’s statute of limitations is also not subject to dismissal via laches. -
Pac. Grading Corp. v. Constr. Servs. of Samoa, CA No. 43-02, slip op. (Trial Div. May 3, 2012) (order granting ASG’s mot. for summ. j.)
A statute of limitations defense that could not inure at trial is subject to adjudication and disposal via summary judgment. - Pac. Grading Corp. v. Constr. Servs. of Samoa, CA No. 43-02, slip op. (Trial Div. May 3, 2012) (order granting ASG’s mot. for summ. j.)
A party defending against a claim may raise a statute of limitations defense to dismiss the claim for the party-seeking-relief's failure to file the claim within the statutory period. - Pac. Grading Corp. v. Constr. Servs. of Samoa, CA No. 43-02, slip op. (Trial Div. May 3, 2012) (order granting ASG’s mot. for summ. j.)
An amended pleading relates back to the date the un-amended, original pleading was filed. If the original pleading was filed before the statute of limitations period ran, then the claims contained in the amended pleading are not barred by any statute of limitation either. - Pac. Grading Corp. v. Constr. Servs. of Samoa, CA No. 43-02, slip op. (Trial Div. May 3, 2012) (order granting ASG’s mot. for summ. j.)
A breach of contract action, premised on a written contract must be brought within 10 years from the date of the breach unless - Pac. Grading Corp. v. Constr. Servs. of Samoa, CA No. 43-02, slip op. (Trial Div. May 3, 2012) (order granting ASG’s mot. for summ. j.)
A statute of limitations defense that could not inure at trial is subject to adjudication and disposal via summary judgment. - Pac. Grading Corp. v. Constr. Servs. of Samoa, CA No. 43-02, slip op. (Trial Div. May 3, 2012) (order granting ASG’s mot. for summ. j.)
A party defending against a claim may raise a statute of limitations defense to dismiss the claim for the party-seeking-relief's failure to file the claim within the statutory period. - Pac. Grading Corp. v. Constr. Servs. of Samoa, CA No. 43-02, slip op. (Trial Div. May 3, 2012) (order granting ASG’s mot. for summ. j.)
An amended pleading relates back to the date the un-amended, original pleading was filed. If the original pleading was filed before the statute of limitations period ran, then the claims contained in the amended pleading are not barred by any statute of limitation either. - Pac. Grading Corp. v. Constr. Servs. of Samoa, CA No. 43-02, slip op. (Trial Div. May 3, 2012) (order granting ASG’s mot. for summ. j.)
A breach of contract action, premised on a written contract must be brought within 10 years from the date of the breach unless - Pac. Grading Corp. v. Constr. Servs. of Samoa, CA No. 43-02, slip op. (Trial Div. May 3, 2012) (order granting ASG’s mot. for summ. j.)