Also known as: accrual of actions · accrues · accrued action · accrual · cause of action accrual
Written by attorneys · grounded in primary & secondary sources — see below
The point at which a legal claim or right comes into existence. At that moment suit may be brought or benefits such as interest or rents may begin to accrue.
Abigail Alvarez and her tenant Amelia Amari used a path across neighboring land for twenty years without permission. When the owner challenged the use, the court held that the prescriptive easement accrued for the full period to the benefit of both the owner and the tenant because the easement was appurtenant to the land.
Aurora Biotech suffered destruction of specialized equipment whose market value was readily ascertainable. The company sued the tortfeasor and recovered the value plus interest calculated from the date the cause of action accrued until judgment.
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Alliance Holdings, holding a junior mortgage, obtained a receiver who collected rents from the mortgaged property. Before any senior receiver was appointed, the junior receiver applied the rents first to taxes and repairs and then to its own obligation.
Alexandra Armstrong advanced funds to cover a partnership obligation beyond her agreed capital contribution. From the date of the advance the sum constituted a loan that accrued interest payable by the partnership.
Avalon Pharmaceuticals assigned its right to payment under a supply contract to Arcadia Retail. Before receiving signed notice of the assignment, the account debtor incurred backcharges for defective goods. Those claims accrued and could be asserted to reduce the amount owed to the assignee.
Aisha Ahmed and Audrey Ashton cohabited under an oral agreement to share rental income from property they managed together. When one party stopped paying the agreed share during the relationship, the breach claim accrued on that date and could be sued upon during or after cohabitation.
The claim accrues on the date of the breach. The action may be commenced during cohabitation or after termination subject to the contractual statute of limitations.
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An account debtor may assert any defense or claim against the assignor that accrued before the debtor receives a signed notification of the assignment. Claims accruing afterward are generally unavailable against the assignee.
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Yes. A payment or advance that gives rise to a partnership obligation constitutes a loan that accrues interest from the date of the payment or advance.
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Interest runs from the time adopted for valuation of the property to the time of judgment when market prices allow ready ascertainment of value.
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Yes. The junior receiver may keep rents collected before the senior appointment after first paying taxes and reasonable maintenance expenses, because the junior receiver has a duty to avoid waste.
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No. An easement appurtenant created by prescription accrues for its full duration to the benefit of all persons holding interests in the land to which the easement is appurtenant.
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…began to run when the paintings were stolen in 1946. The rule in New Jersey has been that a cause of action for replevin accrues when the owner is deprived of possession, and the statute begins to run at that time. However, in cases involving works of art and other unique chattels, a different rule may be…