In equity cases, remedies are sought by the court. It is a defense used to counter equitable relief claims in a legal proceeding. The doctrine that those who take too long to assert an equitable right are not entitled to bring an action. Please contact Chris Thayer at (206) 805-1494 or if you need assistance. This summary article is intended to provide a general overview of this case, but it should be noted that the facts of this case are complex. In Eastlake Lofts, a lawsuit was ultimately decided on the basis of disputed facts. The doctrine can be invoked in a case where the plaintiff affirmatively establishes knowledge about the facts that constitute a cause of action or a reasonable opportunity for discovery of those facts. If a party has been denied a claim due to an unreasonable delay in pursuing it, they may be barred from raising it. ![]() ![]() ![]() The doctrine of laches is based on the equitable principle that “equity aids the diligent, not those who slumber on their rights.” In order for the defense of laches to be successful, the defendant must prove that the plaintiff has unreasonably delayed in asserting his or her legal rights, and that the defendant has been prejudiced as a result of that delay.Ī defendant can usually claim equitable defenses in civil cases by citing Laches as an affirmative defense. Laches is a legal doctrine that is used in business law in order to protect defendants from plaintiffs who have delayed in asserting their legal rights.
0 Comments
Leave a Reply. |