CLL Associates Ltd. Partnership v. Arrowhead Pacific Corp.

I dissent because I conclude that the discovery rule which this court has applied to tort actions applies to this breach of contract action.

Involving as it does an alleged undiscoverable breach of contract, this case typifies the policy factors that led to the adoption of the discovery rule in the tort context. According to the majority's holding, the plaintiffs in this contract action lost their right to bring a lawsuit for breach of contract before they even knew that they were injured. As we stated in Hansen v. A.H. Robins, 113 Wis. 2d 550, 559, 335 N.W.2d 578 (1983), "[although…