Chapter 16-18 Laches

• Jurisdiction: United States

16-18 Laches

Laches is a similar concept to the statute of limitations. However, whereas the statute of limitations presents a hard deadline within which the plaintiff must bring suit, laches operates as an equitable device limiting the availability of equitable causes of action. Because of its equitable nature, laches does not impose a hard deadline within which the plaintiff must bring suit. Furthermore, a defendant may not assert laches when the plaintiff is pursuing a purely legal right.¹⁶⁶ Whether a right is "purely legal" looks to the substance, rather than the form of the right.¹⁶⁷

16-18:1 Elements

(1) Unreasonable delay in asserting a legal or equitable right;¹⁶⁸ and

(2) A good faith change in position by the defendant because of the delay.¹⁶⁹

16-18:2 Other Substantive Issues

Generally, laches will not bar a suit which is brought within the limitations period.¹⁷⁰ However, there are extraordinary circumstances where laches would prohibit the plaintiff's suit even if brought within the limitations period.¹⁷¹ These instances include where allowing the action would work a "grave injustice."¹⁷²

Although the Supreme Court of Texas has stated that a finding of laches requires a "change in position," the true scope of the doctrine is broader. A defendant who has been injured will prevail even if the defendant hasn't changed position.¹⁷³

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Notes:

^[166] Dillard v. Broyles, 633 S.W.2d 636, 645 (Tex. App.—Corpus Christi 1982, writ ref'd n.r.e.).

^[167] See Callahan v. Giles, 155 S.W.2d 793, 795 (Tex. 1941) (the common law writ of mandamus is subject to laches because the proceeding is "largely controlled by equitable principles").

^[168] Caldwell v. Barnes, 975 S.W.2d 535, 538 (Tex. 1998).

^[169] Caldwell v. Barnes, 975 S.W.2d 535, 538 (Tex. 1998).

^[170] Caldwell v. Barnes, 975 S.W.2d 535, 538 (Tex. 1998).

^[171] Caldwell v. Barnes, 975 S.W.2d 535, 538 (Tex. 1998).

^[172] Culver v. Pickens, 176 S.W.2d 167, 170 (Tex. 1943).

^[173] De Benavides v. Warren, 674 S.W.2d 353, 362 (Tex. App.—San Antonio 1984, writ ref'd n.r.e.) (finding that when a plaintiff waited seven years to assert its rights, defendant proved laches by showing that it would be "more difficult to retrieve evidence").