An unreasonable delay in bringing a claim alleging a wrong, which means the person who waited shall not be permitted to seek an equitable remedy because the delay prejudiced the moving party. Sleeping on one’s rights.
n. the legal doctrine that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party (hurt the opponent) as a sort of “legal ambush.” Examples: a) knowing the correct property line, Oliver Owner fails to bring a lawsuit to establish title to a portion of real estate until Nat Neighbor has built a house which encroaches on the property in which Owner has title; b) Tommy Traveler learns that his father has died, but waits four years to come forward until the entire estate has been distributed on the belief that Tommy was dead; c) Susan Smart has a legitimate claim against her old firm for sexual harassment, but waits three years to come forward and file a lawsuit, after the employee who caused the problem has died, and the witnesses have all left the company and scattered around the country. The defence of laches is often raised in the list of “affirmative defences” in answers filed by defendants, but is seldom applied by the courts. Laches is not to be confused with the “statute of limitations,” which sets specific periods to file a lawsuit for types of claims (negligence, breach of contract, fraud, etc.).
Laches is an equitable defence that arises when a plaintiff’s unreasonable delay in asserting a claim results in prejudice to the defendant, making it unfair or unjust to enforce the claim.
While statutes of limitations establish specific time limits within which legal actions must be filed, laches is based on the principle of fairness and equity, considering the reasonableness of the delay and the resulting prejudice to the defendant.
Courts consider several factors, including the length of the delay, the reasons for the delay, whether the defendant suffered prejudice as a result of the delay, and whether enforcing the claim would be unfair or inequitable.
Laches is typically applied in equity cases, such as claims for specific performance, injunctions, or equitable remedies, rather than legal claims seeking monetary damages.
Prejudice refers to any harm, disadvantage, or unfairness suffered by the defendant as a result of the plaintiff’s delay in asserting their claim. This could include the loss of evidence, changes in circumstances, or reliance on the plaintiff’s inaction.
Unlike statutes of limitations, there is no fixed time limit that automatically triggers the defence of laches. The determination of whether laches applies depends on the specific circumstances of each case and the court’s assessment of reasonableness and fairness.
Yes, laches can still be invoked even if there is no statute of limitations applicable to the claim. The defence of laches is based on equitable principles rather than statutory time limits.
Laches can be waived if the defendant fails to raise it as a defence in a timely manner. Additionally, plaintiffs can take proactive steps to prevent the defence of laches by promptly asserting their claims and diligently pursuing legal remedies.
If laches is established as a defence, the court may deny the plaintiff’s claim for equitable relief or impose limitations on the relief granted, depending on the circumstances of the case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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