Laches: Difference between revisions
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*It is an equitable doctrine, and denies only [[equitable remedy|equitable remedies]]. you can't invoke it to prevent a claim in damages for breach of contract. | *It is an equitable doctrine, and denies only [[equitable remedy|equitable remedies]]. you can't invoke it to prevent a claim in damages for breach of contract. | ||
*It doesn't override a specific statute of limitations (for much the same reason). | *It doesn't override a specific statute of limitations (for much the same reason). | ||
There are two main situations: | |||
*Where you seek an [[equitable remedy]] (eg. [[specific performance]] to a common law action. Here you lose the remedy through unreasonable delay - this may be a matter of days or weeks. | |||
*Where you seek to mount an equitable defence to an action where no statutory limitation period applies to the cause of action, e.g. where the claimant seeks to set aside a transaction for undue influence, mistake or fraud. Relief may also be refused in these circumstances on grounds of delay. But in these circumstances the critical question is usually whether the claimant acted promptly after becoming aware of his or her legal rights. | |||
===See also=== | ===See also=== | ||
*{{casenote|Goldsworthy|Brickell}} | *{{casenote|Goldsworthy|Brickell}} | ||
*{{casenote|Lindsay Petroleum Company|Hurd}} | *{{casenote|Lindsay Petroleum Company|Hurd}} | ||