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In common-law legal systems, laches (/ ˈ l æ tʃ ɪ z / LAT-chiz, / ˈ l eɪ-/; Law French: remissness, dilatoriness, from Old French: laschesse) is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity. It is an unreasonable delay that can be viewed as ...
The doctrine of estoppel (which may prevent a party from asserting a right) is often confused with the doctrine of waiver (which relates to relinquishing a right once it has arisen). It also substantially overlaps with, but is distinct from, the equitable doctrine of laches.
[3] The adage here relates to the equity doctrine of laches and connotes that a claimant who unreasonably delays the bringing of their claim may lose it if the delay unfairly prejudices the respondent. [3] Another common variation is vigilantibus non dormientibus subvenit lex meaning that "[t]he law supports the waking, not the sleeping."
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 ...
Doctrine of laches; Doctrine of merger; Doctrine of necessity; Doctrine of non-derogation from grants; Doctrine of privity; Doctrine of repair and reconstruction; Doctrine of res judicata; Doctrine of tenure; Double aspect doctrine; Due process; Duty of care; Duty to rescue; Duty to retreat
The doctrine is considered by some to be an application of sovereign immunity to areas of law concerning statutes of limitations. [4] While the two doctrines are often linked as concepts, and are considered by some jurisdictions to be intertwined in policy and practice, there is a debate on whether the two doctrines are actually related.
laches: Anglo-Norman lachesse "slackness, laxness" Under English common law, the unnecessary delaying bringing an action against a party for failure to perform is known as the doctrine of laches. The doctrine holds that a court may refuse to hear a case not brought before it after a lengthy period since the right of action arose. [11] larceny
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 ...