| 单词 | laches |
| 释义 | laches laches based on the Latin maxim vigilantibus non dormientibus jura subveniunt ('the law serves the vigilant, not those who sleep'), a defence of an equitable claim based on the length of time the plain- tiff has allowed to elapse before commencing proceedings. 'Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted; in either of these cases, lapse of time and delay are material. But in every case, if an argu- ment against relief, which would otherwise be just, is founded upon mere delay, that delay, of course, not amounting to a bar by any statute of limitations, the validity of that defence must be tried upon principles substantially equitable. Two circumstances, always important in such cases, are the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the course or the other, so far as relates to the remedy.' – Sir Barnes Peacock in Lindsay Petro- leum Co. v. Hurd (1874) LR 5 PC 221 at 239–240. |
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