Statute of Limitations Begins to Run When Breach Occurs
It is well settled in Delaware that generally the statute of limitations begins to run at the time the breach occurs, and not at the time when the damages are ascertained. Worrel v. Farmers Bank of the State of Delaware, Del. Supr., 430 A.2d 469, 472 (1980).
Ignorance of the facts is not ordinarily a bar to the operation of the statute of limitations, though there are certain well-defined exceptions. Matellone v. Argo Oil Corp., Del. Supr., 82 A.2d 379, 383 (1951).
The current state of the law is such that in many cases, the Court must look to see if the actions of the defendants were inherently unknowable to the plaintiffs, and whether the plaintiffs should have known of the breach. Consolidated American Insurance Co. v. Chiriboga, Del. Super., 514 A.2d 1136, 1138 (1986).
"The statute of limitations period is tolled only if the plaintiff was blamelessly ignorant that the cause of action existed or if the defendants fraudulently concealed the action." Fooks v. Delaware Health and Social Services, Del. Super., C.A. No. 98 C-01-027, Graves, J., 1999 WL 743916 (Sept. 14, 1999).
Thus, the period accrues from the moment a plaintiff has reason to know of, or knows of, the cause of action." Id.