What does laches mean in legal terms?
: negligence in the observance of duty or opportunity specifically : undue delay in asserting a legal right or privilege.
Is laches a cause of action?
The doctrine applies when a defendant affirmatively establishes “(1) knowledge by plaintiff of facts constituting a cause of action or a reasonable opportunity to discover such facts; (2) unreasonable delay by plaintiff in commencing an action; and (3) damage to defendant resulting from the delay in bringing the action …
What is computation period of limitation?
(1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of the appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in …
What is the legal definition of the word laches?
Phrases used to describe laches include “delay that works to the disadvantage of another,” “inexcusable delay coupled with prejudice to the party raising the defense,” “failure to assert rights,” “lack of diligence,” and “neglect or omission to assert a right.”.
What are the components of a claim of laches?
A claim of laches requires the following components: (1) a delay in bringing the action, (2) a delay that is unreasonable and (3) that prejudices the defendant.
Which is the essential element of a laches defense?
The essential element of laches is an unreasonable delay by the plaintiff in bringing the claim; because laches is an equitable defense, it is ordinarily applied only to claims for equitable relief (such as injunctions), and not to claims for legal relief (such as damages).
What does it mean to invoke laches in a lawsuit?
Informing or warning the defendant of the cause of action (for example by sending a cease-and-desist letter or merely threatening a lawsuit) does not, by itself, end the period of delay. To invoke laches the delay by the opposing party in initiating the lawsuit must be unreasonable.
What does the name laches mean?
Definition of Laches. Pronounced la-ches (like “latches”) Noun. Undue delay in asserting a legal right or privilege. Failure to bring a legal claim in the proper, or a reasonable, time. Origin. 1325-1375 Middle English lachesse. Purpose of the Doctrine of Laches
What is the “doctrine of laches”?
The doctrine of laches is a legal defense that may be claimed in a civil matter, which asserts that there has been an unreasonable delay in pursuing the claim (filing the lawsuit), which has prejudiced the defendant, or prevents him from putting on a defense.
What is the doctrine of latches?
Doctrine of Laches. The doctrine of laches is a legal defense that may be claimed in a civil matter, which asserts that there has been an unreasonable delay in pursuing the claim (filing the lawsuit), which has prejudiced the defendant, or prevents him from putting on a defense.
What is the meaning of laches in family law cases?
Laches is an equitable defense that a party can assert when a non-breaching party takes an unreasonably long amount of time to file a suit for relief. As a result, the breaching party suffers some type of harm or prejudice (usually economic or legal).