Laches (equity) - Compared To Statute of Limitations

Compared To Statute of Limitations

The defense of laches resembles, but is not entirely analogous to, a plea that the period of time allowed under a statute of limitations has expired. Laches essentially alleges prejudicial delay and unfairness in the context of a particular situation, whereas statutes of limitation tend to define a specific legally prescribed period of time (after the cause of action has accrued) within which a lawsuit for a particular type of cause of action may be commenced or after which the right to recovery is barred. Moreover, although a lawsuit commenced within the time allowed by a limitations period is valid no matter how long it takes for the action to proceed to trial, laches can sometimes be applied even in a situation where a lawsuit has been commenced and any delays would otherwise be reasonable. It is generally allowed by a court when a defendant could reasonably have believed that the plaintiff was not going to exercise his or her legal rights and acted on that belief to his or her detriment.

Read more about this topic:  Laches (equity)

Famous quotes containing the words statute of limitations, compared to, compared, statute and/or limitations:

    Now a Jew, in the dictionary, is one who is descended from the ancient tribes of Judea, or one who is regarded as descended from that tribe. That’s what it says in the dictionary; but you and I know what a Jew is—One Who Killed Our Lord.... And although there should be a statute of limitations for that crime, it seems that those who neither have the actions nor the gait of Christians, pagan or not, will bust us out, unrelenting dues, for another deuce.
    Lenny Bruce (1925–1966)

    True, we’re not great thieves, like the nobles. Our robberies are petty compared to the wholesale plunder of the nation.
    Sonya Levien (1895–1960)

    there’s nothing compared with the ould Orange flute.
    —Unknown. The Old Orange Flute (l. 8)

    Amidst the downward tendency and proneness of things, when every voice is raised for a new road or another statute or a subscription of stock; for an improvement in dress, or in dentistry; for a new house or a larger business; for a political party, or the division of an estate;Mwill you not tolerate one or two solitary voices in the land, speaking for thoughts and principles not marketable or perishable?
    Ralph Waldo Emerson (1803–1882)

    Growing up means letting go of the dearest megalomaniacal dreams of our childhood. Growing up means knowing they can’t be fulfilled. Growing up means gaining the wisdom and skills to get what we want within the limitations imposed by reality—a reality which consists of diminished powers, restricted freedoms and, with the people we love, imperfect connections.
    Judith Viorst (20th century)