 Sam
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 Posted: Thu Apr 15, 2004 1:06 am Post subject: Laches |
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Laches refers to undue delay or negligence in asserting the legal rights of an individual. It is not entirely analogous to the expiry of the period allowed under the Statute of Limitations. It includes prejudicial delay and unfairness with regard to a certain situation. But the Statute of Limitation concerns a legally prescribed time period (after the cause of the action has occurred) within which a type of lawsuit can be initiated.
Laches are applied in any situation where a lawsuit has already been started. The court allows for this when a defendant believes that the plaintiff will not be exercising his legal rights.
Successful defense of laches will result in the court denying the request for equitable relief, that is, obtaining justice through a set of legal principles. Even if equitable relief is not available, the party may still have an action at law if the Statute of Limitations has not run out.
The laches is an affirmative defense under the Federal Rules of Civil Procedure. This implies that the defendant has to prove the laches. |
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