Laches - Law Dictionary Search Results
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laches pl: laches [Anglo-French lachesce laschesce negligence, from Old French lasche lax, ultimately from Latin laxare to loosen, from laxus slack] 1 : undue delay in asserting a right or privilege compare statute of limitations 2 a : a doctrine permitting dismissal of a suit because a plaintiff's unreasonable delay in asserting a right or privilege has been detrimental to the defendant's ability to make a defense (as by resulting in the unavailability of witnesses or evidence) [a suit barred by ] b : an affirmative defense based on this doctrine ...
Laches
Laches [fr. lacher, Fr., to loosen], slackness, negligence in pursuing a legal remedy whereby the party forfeits the benefit upon the principle Vigilantibus non dormientibus jura subveniunt. See that maxim; also Nullum tempus occurrit regi; and LIMITATION OF ACTIONS....
defense
defense 1 : the act or action of defending see also self-defense 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment) ;also : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils d...
statute of limitations
statute of limitations 1 a : a statute establishing a period of time from the accrual of a cause of action (as upon the occurrence or discovery of an injury) within which a right of action must be exercised compare laches, statute of repose b : a criminal statute establishing the period of time within which an offense can be punished after its commission 2 : a period of time established by a statute of limitations for commencing an action or prosecution 3 : an affirmative defense that the statute of limitations has expired ...
Laches
Neglect negligence remissness neglect to do a thing at the proper time especially a delay in asserting a claim sufficient to cause a person to lose the right to adjuducation of the claim by a court...
Dower
Dower [fr. dos, dotis, Lat., a marriage gift; dotare dower, Fr., endow, to furnish with a marriage portion. Dotarium, M. Lat., dotaire, Prov.; douaire, Fr.; a dowry of marriage provision; douairiere, a widow in possession of her portion, a dowager], the right which a wife has in the third part of the lands and tenements of which her husband dies possessed in fee-simple, fee-tail general, or as heir in special tail, which she holds from and after his decease, in severalty by metes and bounds, for her life, whether she have issue by her husband or not, and of what age soever she may be at her husband's decease, provided she be past the age of nine years.The legal estate in dower (being an estate for life) has been abolished and converted into an equitable interest (ibid.), (English) L.P. Act, 1925, s. 1; it can only arise in respect of deaths after 1925 in case the deceased husband was a lunatic or defective on January 1st, 1925, and died without regaining testamentary capacity or before...
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
Ignorantia facti excusat, ignorantia juris non excusat
Ignorantia facti excusat, ignorantia juris non excusat. (Ignorance of the fact excuses; ignorance of the law excuses not.) The maxim is often cited simply as Ignorantia legis [or juris] neminem excusat. Therefore, first, money paid with full knowledge of the facts, but through ignorance of the law, is not recoverable if there be nothing against conscience in retaining it; and, secondly, money paid in ignor-ance of the facts is recoverable, provided there have been no laches in the party paying it. See MISTAKE. In criminal cases this maxim applies, as if a man should think he has a right to kill a person excommunicated or outlawed wherever he meets him and does so, this is murder. But a mistake of fact is an excuse, as where a man, intending to kill a thief or house-breaker in his own house, by mistake kills one of his own family, this is no criminal action; see 4 Bl. Com 27. Consult Broom's Leg. Max....
Lying by
Lying by. A person who, by his presence and silence at a transaction which affects his interests, may fairly be supposed to acquiesce in it, if he afterwards propose to disturb the arrangement, may be prevented from doing so by reason that he has been lying by. See LACHES....
Sufferance, Tenancy at
Sufferance, Tenancy at. This is the least and lowest estate which can subsist in realty. It is in strictness not an estate, but a mere possession only it arises when a person after his right to the occupation, under a lawful title, is at an end, continues (having no title at all) in possession of the land, without the agreement or disagreement of the person in whom the right of possession resides. Thus if A is a tenant for yes, and his term expires, or is a tenant at will, and his lessor dies, and he continues in possession without the disagreement of the person who is entitled to the same, in the one and the other of these cases he said to have the possession by sufferance-that is, merely by permission or indulgence, without any right: the law esteeming it just and reasonable, and for the interest of the tenant, and also of the person entitled to the possession, to deem the occupation to be continued by the permission of the person who has the right, till it is proved that the tenant ...
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