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Continuing Wrong |
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For legal purposes, the most useful way to define a continuing violation is in descriptive terms, i.e. on the basis of its distinguishing features. The definition would then read as follows:
A continuing violation is the breach of an obligation by an act of a subject of law extending in time and causing a duration or continuance in time of that breach.
EXAMPLE: 20 years ago, a property was sold next to a public access point. The owner blocked the public's access. The principle of continuing wrong in this case would claim that what was wrong 20 years ago is still wrong today. That the statue of limitations, doctrine of laches and adverse possession do not apply.
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