laches

/Isechaz/leychaz/laeshaz/

"Doctrine of laches," is based upon maxim that equity aids the vigilant and not those who slumber on their rights. It is defined as neglect to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to adverse party, operates as bar in court of equity. Wooded Shores Property Owners Ass'n, Inc. v. Mathews, 37 Ill.App.3d 334, 345 N.E.2d 186, 189.

The neglect for an unreasonable and unexplained length of time under circumstances permitting diligence, to do what in law, should have been done. Lake Development Enterprises, Inc. v. Kojetinsky, Mo.App., 410 S.W.2d 361, 367.

Neglect or omission to assert right as, taken in conjunction with lapse of time and other circumstances, causes prejudice to adverse party, People ex rel. Mulvey v. City of Chicago, 292 Ill.App. 589, 12 N.E.2d 13, 16;

neglect or omission to do what one should do as warrants presumption that one has abandoned right or claim, Eldridge v. Idaho State Penitentiary, 54 Idaho 213, 30 P.2d 781, 784;

negligence by which another has been led into changing his condition with respect to property or right, Heyburn Bldg. Co. v. Highland Motor Transfer Co., 245 Ky. 514, 53 S.W.2d 944, 946;

negligence or omission seasonably to assert a right, Davidson v. Grady, C.C.A.Fla., 105 F.2d 405, 408;

omission of something which a party might do and might reasonably be expected to do towards vindication or enforcement of his rights, McCauley v. Northern Texas Traction Co., Tex.Civ.App., 21 S.W.2d 309, 313;

omission to do what law requires to protect one's rights under circumstances misleading or prejudicing adverse party; unconscionable, undue, unexcused, unexplained or unreasonable delay in assertion of right, Loveland Camp No. 83, W. O. W., v. Woodmen Bldg. & Benev. Ass'n, 108 Colo. 297, 116 P.2d 195, 199;

unreasonable or unexplained delay in asserting right which works disadvantage to another, Kennedy v. Denny, 237 Ky. 649, 36 S.W.2d 41, 42.

Conduct of party which has placed other party in a situation where his rights will be imperiled and his defenses embarrassed is a basis of laches. State v. Abernathy, 159 Tenn. 175, 17 S.W.2d 17, 19.

Knowledge, unreasonable delay, and change of position are essential elements. Shanik v. White Sewing Mach. Corporation, 25 Del.Ch. 371, 19 A.2d 831, 837.

Laches requires an element of estoppel or neglect which has operated to prejudice of defendant. Scarbrough v. Pickens, 26 Tenn.App. 213, 170 S.W.2d 585, 588.

See also equitable estoppel

@ estoppel by laches

@ laches, estoppel by

/astopal bay laechaz/ A failure to do something which should be done or to claim or enforce a right at a proper time. Hutchinson v. Kenney, C.C.A.N.C., 27 F.2d 254, 256.

A neglect to do something which one should do, or to seek to enforce a right at a proper time. A species of "equitable estoppel" or "estoppel by matter in pais."

See equitable estoppel; in pais, estoppel.

An element of the doctrine is that the defendant's alleged change of position for the worse must have been induced by or resulted from the conduct, misrepresentation, or silence of the plaintiff. Croyle v. Croyle, 184 Md. 126, 40 A.2d 374, 379.

Delay in enforcement of rights until condition of other party has become so changed that he cannot be restored to his former state. Wisdom's Adm'r v. Sims, 284 Ky. 258, 144 S.W.2d 232, 235, 236.

Essence of "laches" is estoppel. Burke v. Gunther, 128 N.J.Eq. 565, 17 A.2d 481, 487.

To create "estoppel by laches" party sought to be estopped must with knowledge of transaction have done something to mislead other party to his prejudice. Wisdom's Adm'r v. Sims, 284 Ky. 258, 144 S.W.2d 232, 235, 236.

See also laches

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