Law Atlas

How The Law Decides
Sign In
Text size
100%
Theme

Switch Atlas

Doctrine

Laches

Civil Procedure and Judicial Process Doctrine
Origin Long-standing English equity doctrine; formulated by the US Supreme Court in Costello v. United States (1961).

Laches is an equitable defense in common law legal systems under which a claim for relief, particularly an equitable remedy such as an injunction, may be barred because the plaintiff unreasonably delayed in bringing it and that delay prejudiced the party asserting the defense. The term derives from Old French lachesse, meaning remissness or dilatoriness, and the doctrine reflects the maxim that equity aids the vigilant, not those who sleep on their rights; the United States Supreme Court in Costello v. United States (1961) described it as a lack of diligence by the party against whom the defense is asserted combined with prejudice to the party asserting it. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Origin Period
Long-standing English equity doctrine; formulated by the US Supreme Court in Costello v. United States (1961). 1
Core Principle
A party who unreasonably delays in asserting a right, to the prejudice of the party against whom relief is sought, may be barred from obtaining that relief, particularly an equitable remedy. 1
Origin Period
Origin Period (category)
20th Century (1900-1999) 1
Classification
Doctrine Category
Procedural Law 2
FAQs

What must be shown for laches to bar a claim?

An unreasonable delay in bringing the action that prejudices the defendant.

Laches 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 requires a delay in bringing the action, a delay that is unreasonable and that prejudices the defendant.

How is laches different from a statute of limitations?

A statute of limitations counts time only; laches asks whether the delay was reasonable in the case.

A statute of limitations is concerned only with the time that has passed. Laches is concerned with the reasonableness of the delay in a particular situation and so is more case-specific and more focused on the equitable conduct of the plaintiff.
Connections

Associated With

Adverse Possession, Doctrines

Both are equitable/time-based limits: Adverse Possession vests title after prolonged open possession, Laches bars stale equitable claims.

Clean Hands Doctrine, Doctrines

In Area Of Law

Procedural Law, Doctrines

In Legal System

Common Law, Legal Systems
Source Laches (Equity) (Wikipedia)
Sources
1. Laches (Equity) (Wikipedia)
Wikipedia
  • Definition section, quoting Costello v. United States (1961)
    Lack of diligence by the party against whom the defense is asserted combined with prejudice to the party asserting the defense.
  • In Legal System: Common Law
  • In Group: Preclusion and Finality Doctrines, Introduction, sentence 1
    In common-law legal systems, laches ( LAT-chiz, ) 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.
View the Source
2. Wikipedia: Laches
Laches (equity), an equitable principle in Anglo-American lawView the Source
Comments (0)
No comments yet. Be the first to share a thought.
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.