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The 's Claim Against Coleman Successful Despite Any Statute Of Limitations Concerns Essay

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A court will likely find Petrograd’s claim against Coleman successful despite any statute of limitations concerns. Delaware’s adopted version of the UCC requires that “[a]n action for breach . . . must be commenced within 4 years after the cause of action has accrued.” Del. Code Ann. tit. 6 § 2-275 (LEXIS through 80 Laws 2016, ch. 430). Conversely, breach of promise situations not involving the UCC must adhere to the three-year statute of limitations as set forth in the state’s commercial code. Specifically, section 8106 provides; “[n]o action to recover damages . . . arising out of contractual . . . relations, based on a promise . . . [or] caused by an injury . . . indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action . . . .” Del. Code Ann. tit. 10 § 8106 (LEXIS through 80 Laws 2016, ch. 430). Accordingly, this memo will address whether this contract should be governed by the UCC, if the current circumstances can qualify for an exemption in either scenario, and examine whether any alternative opportunities exist.
A. The disputed contract is primarily service-based and should not be governed by the UCC.
Petrograd can likely prove the mixed contract in dispute is predominately service-based and therefore unsuitable to be governed by the UCC. Given that software has yet to be definitively classified in this state, Delaware courts are ultimately free to choose the body of law they find most
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