The Continuance of a Legal Injury and the Continuance of Injurious Effects For The Purpose Of Limitation– Differences!
Failure of the wife or husband to perform her to his conjugal duties is a continuance of breach of contract or tort according as the marriage is viewed as a contract or a sacrament. The cause of action in such cases arises from day to day. On the other hand, a breach of a covenant for title is not a continuing breach.
The test as to whether a breach is continuing or not is this : if the plaintiff sues for damages, can he sue only for damages, actually accrued upon the date of suit, or may he sue for the whole of the damages accrued and prospective that the breach will cause to him ? In the former case the branch is continuing and the later it is single and final.