Laches (equity)

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Look up laches in Wiktionary, the free dictionary.

Equitable doctrines
Doctrines
Equitable conversion Estoppel Hotchpot Knowing receipt Laches Marshalling Unconscionability Undue influence Subrogation
Defences
Bona fide purchaser Clean hands
Equitable remedies
Account of profits Constructive trust Declaratory relief Injunction Rectification Rescission Specific performance
Related
Court of Chancery Equitable interest History of equity Maxims of equity Tracing Trust law
v t e

In common-law legal systems, laches (/ˈlætʃɪz/ LAT-chiz /ˈleɪtʃɪz/; 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 prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. It is often understood in comparison to a statute of limitations, a statutory defense, which traditionally is a defense to a claim "at law".

The person invoking laches is asserting that an opposing party has "slept on its rights", and that, as a result of this delay, circumstances have changed (witnesses or evidence may have been lost or no longer available, etc.), such that it is no longer a just resolution to grant the plaintiff's claim. Laches is associated with the maxim of equity: "Equity aids the vigilant" - not those who sleep on their rights. Put another way, failure to assert one's rights in a timely manner can result in a claim being barred by laches.