is it just literally “taking too long to do something?”
In: Other
It’s a bit more fuzzy than that. “taking too long” would more be the statute of limitations. “You took too long to bring this lawsuit” is a statute of limitations defense. Laches is more subtle. It deals with ideas of equity and fairness in the judicial process. It basically means you can be barred from bringing a lawsuit if you *intentionally delayed* bringing that lawsuit to the specific detriment of the person you’re suing.
Let’s predate the statute of limitations on breach of contract is 5 years. Let’s also say that you. I dunno. Are a toaster manufacturer. And as part of your toaster manufacturing business you contract me, a screw maker, to provide you screws.
And as part of our contract we have a specific laid out expectation on exactly the type of screw I’m making for you. Their length, shape, alloy composition. Our contract very very explicitly defines the exact details of the screws.
And in my first batch of screws to you…they’re a little off. Maybe they’re too long or short or the wrong metallic composition. But you say nothing. You keep paying me. You keep buying screws from me that are *very slightly* outside of spec.
Years go by. And on 4 years and 364 days you sue me for breach of contract stating that you want all your money back, for nearly 5 years of screw purchases, because I’ve been in breach this whole time.
We’re still within the statute of limitations. That’s 5 years and you made it by a day. But I have a pretty damn solid laches defense. Because *you knew this whole time*. You *knew I was in breach* and you said *nothing*. You let me keep doing this for *five years* just so *you* could get a bigger payout. The time for you to have said something was the first batch 5 years ago. That was the time you should have done something about it. It would be unethical for the court to allow you to proceed because you *intentionally* waited 5 years just so you’d have a bigger benefit and I’d have a bigger penalty. You knew about it. you waited. That was tacit acceptance.
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