Friday, February 04, 2005

Doctrine of Laches:
Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights; Neglect to assert a right or claim that, together with lapse of time and other circumstances, prejudices an adverse party. Neglecting to do what should or could, have been done to assert a claim or right for an unreasonable and unjustified time causing disadvantage to another.

Laches is similar to 'statute of limitations' except is equitable rather than statutory and is a common affirmative defense raised in civil actions.

Laches is derived from the French 'lecher' and is nearly synonymous with negligence.

In general, when a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance will at common law prejudice and sometimes operate in bar of a remedy which is discretionary for the court to afford. In courts of equity delay will also generally be prejudicial.
So exactly how much time are we talkin' about when we say "great delay and lapse of time"???


Cash givaway from Chaon the Munificent:
That's right, I am giving away... Oh I don't know... maybe TENS of dollars to one lucky reader of this blog. All you have to do, is send me a published example of a traditional box wrench head, showing an annular groove on the inner periphery of the head, preferably with a C-ring or similar device installed in the groove. This could be from something like a patent, or a catalogue, or an advertisement, and... just to make it interesting, let's say that the sample must be published before, say, January 2004. And it cannot be a ratcheting wrench with a gear wheel. It's like a contest and game together! And you could win money! And I'll buy you many beers! We'll call it the... Great Anterior Works of Aesthetic Value Search! And don't forget, the winner gets REAL MONEY!

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