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Laches is a legal term derived from the Old French laschesse, meaning "remissness" or "dilatoriness", and is viewed as the opposite of "vigilance". [1] [2] [3] The United States Supreme Court case Costello v. United States 365 US 265, 282 (1961) is often cited for a definition of laches. [4]
In a footnote, the majority opined that "application of the equitable defense of laches in an action at law would be novel indeed." [ 24 ] The same footnote cited Ewert v. Bluejacket , 259 U.S. 129 (1922) for the proposition that laches "cannot properly have application to give vitality to a void deed and to bar the rights of Indian wards in ...
laches: Anglo-Norman lachesse "slackness, laxness" Under English common law, the unnecessary delaying bringing an action against a party for failure to perform is known as the doctrine of laches. The doctrine holds that a court may refuse to hear a case not brought before it after a lengthy period since the right of action arose. [11] larceny
Oregon Law Review. 87: 175. SSRN 1114995. George C. Shattuck (1991). The Oneida Land Claims: A Legal History. [full citation needed] Patrick W. Wandres (2006). "Indian Land Claims, Sherrill and the Impending Legacy of the Doctrine of Laches," American Indian Law Review 31:131.
Doctrine of laches; Doctrine of merger; Doctrine of necessity; Doctrine of non-derogation from grants; Doctrine of privity; Doctrine of repair and reconstruction; Doctrine of res judicata; Doctrine of tenure; Double aspect doctrine; Due process; Duty of care; Duty to rescue; Duty to retreat
Acknowledging that laches has traditionally been understood as an equitable doctrine, the court rejected any distinction between law and equity, holding that it barred "any remedy flowing from this possessory land claim". [20] The court justified this holding with reference to the sui generis nature of aboriginal title. [21] "To summarize," the ...
Laches has a restricted scope in law for the following reasons: Its principal application was and is to claims of an equitable cast for which the legislature has provided no fixed time limitation. In the case, §507(b)'s three-year window provides for such a limitation. In addition, the Court has cautioned against invoking laches to bar legal ...
Laches: Under English common law, a court may refuse to hear a case not brought before it after a lengthy period since the right of action arose. The doctrine of laches is intended to prevent injustice to the defendant because of the plaintiff reserving action for the time most convenient or advantageous for them. Substantial performance