Equity · defense
Laches is based on the principle that a delay in asserting a legal right can justify a dismissal of the claim if the delay has prejudiced the other party. It is often invoked in cases where a plaintiff's unreasonable delay in bringing a claim has harmed the defendant's ability to mount a defense or altered their position.
The plaintiff must have delayed in taking action to enforce their right.
What to prove: It must be shown that the delay was unreasonable relative to the specific circumstances of the case.
The defendant must demonstrate that they have suffered prejudice as a result of the plaintiff's delay.
What to prove: It must be established that the delay made it more difficult or less viable for the defendant to defend against the claim.
The burden of proof lies with the defendant who asserts laches, and they must meet the preponderance of the evidence standard.
In exam scenarios, look for issues involving prolonged inactivity by a plaintiff and resultant changes that could adversely affect the defendant's case.