THE LAW OF LIMITATION 397
§ Payment of interest on debt or on Legacy and Section 20—Part-payment of the Principal
The payment must be payment before time has run out.
The payment is made by the debtor or by his agent duly authorized to make such payment.
The payment must be voluntary.
Section 23—§ Continuing breach of contract and continuing wrong independent of contract
- In the case of a continuing breach of contract or a continuing wrong, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong continues.
Q.—What is meant by a continuing breach and a continuing wrong-?
Continuing breach of contract
Covenant to repair in a lease which is broken every day the premises are out of repair.
Use of premises contrary to the covenants in the lease.
Continuing wrongs in respect of a tort
Infringement of a trade mark.
Refusal of a wife to return to her husband.
In these cases the right to sue arises de die in diem (from day to day).
- The distinction between a continuing and a noncontinuing wrong is very difficult to draw. A wrong continues either because the effect of a wrongful act once done continues or because the wrongful act is repeated.
The case of a continuing wrong is the case where the wrongful act is repeated and not where the effect of a wrongful act continues.
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