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In common-law legal systems, laches (/ ˈ l æ tʃ ɪ z / LAT-chiz, / ˈ l eɪ-/; Law French: remissness, dilatoriness, from Old French: laschesse) 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.
In a 6–3 ruling, Justice Ginsburg declared that laches cannot be invoked as a bar to pursuing a claim for damages brought within §507(b)'s three-year window. However, in extraordinary circumstances, laches may curtail the relief equitably awarded at the very outset of litigation, Laches has a restricted scope in law for the following reasons:
This includes "he who comes to equity must come with clean hands" (that is, the court will not assist a claimant who is himself in the wrong or acting for improper motives), laches (equitable remedies will not be granted if the claimant has delayed unduly in seeking them), "equity will not assist a volunteer" (meaning that a person cannot ...
The doctrine is considered by some to be an application of sovereign immunity to areas of law concerning statutes of limitations. [4] While the two doctrines are often linked as concepts, and are considered by some jurisdictions to be intertwined in policy and practice, there is a debate on whether the two doctrines are actually related.
With respect to the ejectment cause of action, Hall would have held that: "[W]here a plaintiff seeks ejectment damages, rather than restoration of a possession interest, application of the doctrine of laches to such a money damage claim is rarely if ever justified." [27] Hall also would not have applied laches to the trespass cause of action. [28]
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
Circuit judge Paul V. Niemeyer used yet another variation of the adage in a footnote to a 2001 opinion of the United States Court of Appeals for the Fourth Circuit (243 F.3d 789) and linked it with the common law doctrine of laches: The doctrine of laches is based on the maxim that equity aids the vigilant, not those who sleep on their rights.
Doctrine of chances; Doctrine of colourability; Doctrine of equivalents; Doctrine of exoneration of liens; Doctrine of foreign equivalents; Doctrine of indivisibility; Doctrine of inherency; Doctrine of international exhaustion; Doctrine of laches; Doctrine of merger; Doctrine of necessity; Doctrine of non-derogation from grants; Doctrine of ...