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Delay defeats equity

Maxim
Equity

A person who waits too long to claim an equitable remedy may lose it, even if the time limit has not run out. It is called laches.

Example

A person waits for many years before asking the court to cancel a sale. The court refuses because of the delay.

Case laws
  • Lindsay Petroleum Co. v. Hurd (1874), Privy Council: relief is refused when there has been long delay and the other side has acted on the assumption that the right is given up.
Exam tip

Asked as laches.

Memory trick

Wait too long, lose the claim.

Key takeaway

Delay can bar an equitable remedy.

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