What is the rule of delayed commencement in a contract where a party is injured in an accident and damages claim against the other party?

The rule of delayed commencement is based largely on considerations of fairness to the nonbreaching party. As the court in Ross v. Tabor, supra, 53 Cal.App. 605, 200 P. 971, explained: " 'The man who wrongfully renounces a contract into which he had deliberately entered cannot justly complain if he is immediately sued for a compensation in damages by the man whom he has [212 Cal.App.3d 619] injured; and it seems reasonable to allow an option to the injured party, either to sue immediately or to wait till the time when the act was to be done, still holding it as prospectively binding for the exercise of this option, which may be advantageous to the innocent party, and cannot be prejudicial to the wrongdoer.' " (Id. at p. 614, 200 P. 971, emphasis added.)