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Laches is a legal term derived from the Old French laschesse, meaning "remissness" or "dilatoriness", and is viewed as the opposite of "vigilance". [1] [2] [3] The United States Supreme Court case Costello v. United States 365 US 265, 282 (1961) is often cited for a definition of laches. [4]
Laches has a restricted scope in law for the following reasons: Its principal application was and is to claims of an equitable cast for which the legislature has provided no fixed time limitation. In the case, §507(b)'s three-year window provides for such a limitation. In addition, the Court has cautioned against invoking laches to bar legal ...
In a footnote, the majority opined that "application of the equitable defense of laches in an action at law would be novel indeed." [ 24 ] The same footnote cited Ewert v. Bluejacket , 259 U.S. 129 (1922) for the proposition that laches "cannot properly have application to give vitality to a void deed and to bar the rights of Indian wards in ...
Nor would Hall have applied laches to the federal government. Distinguishing the cases cited by the panel majority, Hall noted that "[t]hese cases cannot support the proposition that this Court has the authority to craft a federal common law defense of laches against an Indian land claim sought by the United States."
Laches may refer to: Laches (equity), an equitable principle in Anglo-American law; Laches (general) (c. 475 – 418 BC), an Athenian aristocrat; Laches, a Socratic dialogue of Plato; Laches, Bogotá, a neighbourhood (barrio) in Bogotá, Colombia; Laches, the Lache people
Laches (equity) Last clear chance; Last injurious exposure rule; Law of the case; Learned intermediary; Legal certainty; Legal immunity; List of Latin legal terms; Legal transplant; Legality; Legality of the War on Drugs; List of international and European laws on child protection and migration; Living tree doctrine; Loss of chance in English law
Equitable defenses are usually affirmative defenses asking the court to excuse an act because the party bringing the cause of action has acted in some inequitable way. . Traditionally equitable defenses were only available at the Court of Equity and not available at
Equitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are: injunction [5] [6] specific performance; account of profits; rescission ...